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  • gc_kaavaali
    06-28 04:02 PM
    So many times discussed about this topic. As soon as you start using EAD you are done with H1. You are no longer on H1. You need to give all prior I-94's when you are leaving US.

    I am one of the July 2007 485 filer.
    Me and wife have EAD's which we are using right now on I-9's to work.

    I have an expired H1 stamp on passport.
    Wife too has expired H4 stamp on passport.
    I have a valid h1b approval notice until 5/31/2013
    Wife too has a valid h4 approval notice until 5/31/2013

    I have an AP which is valid for 1 year from today.

    I want to visit India for a marriage.

    Questions I have:
    - While exiting USA, do they take my I-94 ?
    - While coming back, if I show my AP, does my H1 status cancels out?
    - Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
    - Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
    - Entering back on h1, will keep my wife's H4 valid too.

    So question is should I enter back on H1 or AP?





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  • alterego
    02-12 01:13 PM
    All the money you are sending to India, the Indian Gov't/Bank turns around and keeps right here in the good old USA. India now has over 300 billion of such green backs. Every country is doing the same. This is the reason that allows the US to remain financially robust. If this system does not maintain, and after the current shocks it is very much threatened in my view, then all will be gone, the almighty dollar we work for just might not be worth all the bother.





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  • lostinbeta
    10-21 01:51 AM
    lol. Yeah I know your just kidding about that 3rd grader stuff mr. Iworkedforeidosandnike :P





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  • siravi
    11-09 04:37 PM
    Will be happy to help out with analytical writing, but I see several have volunteered already!
    What would "Media Contacts" work involve?



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  • pmpforgc
    02-08 11:08 AM
    Thanks for your responses

    I will check for Singapour Airlines deals.

    Mean while I sent email to German Consulate in Atlanta, their reply was that if you have AP you dont need transit visa.

    Also as I understand AMSTREDAM does not require transit visa? is it true?





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  • pranju
    05-29 09:04 PM
    Donot forget to send the webfax :)



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  • hpandey
    07-30 01:16 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?


    I got a similar situation but the thing is that both myself and my spouse got our EAD's but my application on the website shows pending while it is approved for my spouse. Don't know why my application is still showing pending. Could it be because I am the dependent on the application and not primary ?





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  • alterego
    08-01 02:38 PM
    Wonderful. It seem the CHC has really come around to seeing the benefit of interim relief. The sweetener for them of course is the FB visa recapture, however in spite of that it is a commendable step for them to lose their obstructionist stand, linking anything Immi related to the "earned legalisation" program.
    This may all yet fall apart if the republicans see political mileage in it. They can cause a huge blow up in Sept. and use it to rally their base. However the good news is that McCain is unlikely to get much help from that, and also doing that will also alienate the Latino vote which they need desperately, so I am not convinced they are likely to do that.
    Additionally given recent enforcement measures, wall, harsh immigration raids etc on one hand and the absence of H1b provisions and the generally less controversial provisions in this bill (well supported by industry whose cash they need this fall) may get past moderate republicans. If they choose not to politicize it then I think the measures stand a good chance. Of course we need to do our part, it seem clear to me that we were quite effective with our pleas to the CHC.
    I would urge all the naysayers to take a look at these developments and read between the lines and get on board and feel good about your participation.

    I notice that some of the least controversial measures like the EB5 program, the Conrad 30 program for physicians, and the Religious workers bill have all been kept in abeyance. Perhaps they will try to bundle a small package together later this year as a rider after the recess. I know there is a long time left, but finally a ray of hope.
    I must say considering the recent movement of EB2I dates, the new interpretation of spillover rules, the extension of EAD to 2 yrs and other administrative fixes, the movement of recapture legislation in the congress etc. are all very encouraging given the drought period between 2005 and this spring. I know there are other achievements, but we need to take stock sometimes.
    Thanks to IV for bringing attention to our issues and leading to these small but measurable steps. Who else would have advocated for our community?

    Please keep all this in mind the next time you think about helping out.



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  • friend99
    08-12 12:08 AM
    Thanks a lot for the replies! I am going to wait and see and hope for the best as I know sending any contradicting document at this point will just make matters worse.

    Thanks a lot!





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  • lost
    01-27 02:07 PM
    We need to have a massive participation for our question to get noticed........and today is already Thrusday!



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  • patfanboston
    03-04 11:19 AM
    What the f*** is she trying to say????





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  • whiteStallion
    07-16 05:07 PM
    i don't see july processing times...it still shows june times.

    Me too...it was posted 15th of June... This is not the July one :p



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  • Since1997
    07-20 01:08 PM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs ...
    1. Year Cap: 140000 (for EB)
    2. India Limit: 7% = 9800 ONLY
    3 Now imagine how many years it will take to cover up the number like 750000.
    ==========================
    Originally Posted by andy garcia
    Last year the top 5 countries in EB got all these visas:

    Total EB ****** 159,081
    Philippines ***** 23,733
    India ********* 17,169
    Korea ******** 10,886
    China ******** 9,484
    Mexico ****** 8,864

    The actual limit is 7% of the total EB plus FB which is:
    (140,000 + 226,000) * .07 = 25,620
    ==============================





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  • BharatPremi
    10-31 02:19 PM
    I am a consultant hence i have given a friends address who own a home so that i dont need to change it often.

    This trick was good five years back but in my opinion it is risky nowadays.The idea and intention was good as not to have bothered avout address change frequently. But To solve one problem you have created another mess. If you will not keep an eye on that you may face problems during naturalization and/or even getting new project where background check is required.

    In my opinion, now you will have to keep a practice to give your friend's address as your address while mentioning your residence history. For an example, you want to do a project in new Fortune 1000 client. (Note: Nowadays almost all fortune companies go for background check and medical test before taking one on board)That client will go through your medical/background test and in the form which may be fille up , there do not forget to mention your friend's address as your residence address otherwise you may face problem. Same goes with naturalization process..



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  • masterji
    08-20 11:38 PM
    I know people might have answered this before. So, sorry for any redundancy. I have a query. If I travel outside of US on my valid H1B visa and when I am out of US, my 485 gets approved. What happens then? Say, I do not have AP with me. Will I have problems entering the US?





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  • HereIComeGC
    03-25 02:58 PM
    Has anyone gone to Vancouver for H1B stamping? Please share your experience and any pointers. It will be a great help.

    Also, I found this on Vancouver consolate website:

    "Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate). "

    This is disconcerting. I do not have luxary to wait 3-5 days to get my stamped passport via mail. Is this a standard process? Will they allow in-person pick up the same day?

    Thank you.



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  • aadimanav
    12-20 06:33 PM
    I found out from discussion about the USCIS Expedite service:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

    "
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    * Severe financial loss to company or individual
    * Extreme emergent situation
    * Humanitarian situation
    * Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    * Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    * USCIS error
    * Compelling interest of USCIS

    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
    "

    I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

    I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

    It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!





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  • TomPlate
    11-16 04:18 PM
    Who defeated who?





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  • raysaikat
    09-13 03:56 PM
    Hello,
    I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.

    I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
    Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:

    1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)

    OR

    • At least three of the following apply to him/her:
    o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
    o A record of major commercial or critically acclaimed success.
    o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
    o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
    o Other comparable evidence

    Aliens in the Motion Picture or TV Industry
    The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.


    When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.



    As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.

    Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
    O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.


    We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?

    And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?

    Thank you for your answers!

    EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):

    Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

    Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

    Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]

    Published material about the alien in professional or major trade publications or other major media;

    Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]

    Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

    Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

    Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

    Performance of a leading or critical role in distinguished organizations;

    Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

    Evidence of commercial successes in the performing arts.





    Macaca
    02-09 12:47 PM
    (don't hate me, I'm English).


    Please don't flame me, I am trying to be honest.

    One of my Deans used to have this poster in his office : No Guts, No Glory!





    Libra
    08-10 11:52 AM
    I wonder how people will come up with such questions, i never even thought about it. And i dont think it's a problem. It's just my opinion per my experience.



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