Monday, June 13, 2011

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  • viper673
    06-16 08:05 PM
    The 180 days AC-21 rule only applies if your I-140 has been approved.

    If you only have a receipt notice, then you don't have the option to invoke the AC-21.

    Lay low...





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  • MLS
    06-19 12:37 PM
    I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.

    I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
    Here is what I have so far. Some ideas based on my experience and some on searching the web.

    1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.

    2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.

    3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
    You can also call the regional service center if you wish.

    4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.

    5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.

    6) Consider talking with your employer to take a few days off while sorting this out.

    If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.





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  • ebizash
    05-01 05:13 PM
    I think if you never entered on a non-immigrant visa (in your case H1) after overstaying previous Non-immigrant visa (F1), you could still be in trouble. My understanding is that they wan to see your continued legal presence and maintenance of status from your last entry thru the day when you applied I-485. If the only time you entered US since Jan 2003 is on AP then you might be in trouble.

    This is based on my reading up other posts on IV and may not be accurate.





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  • sundevil
    07-11 01:58 PM
    May be it was the Attorney General Alberto, not Emilio Gonzales. He is coming after you for bribing a federal official.

    Just Kidding :) But interesting though.:cool:



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  • mdcowboy
    08-05 03:42 PM
    --Is it a DREAM?

    to plant this idea into the senators head. :p





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  • nocomment
    09-21 08:14 PM
    GC wont put you in any better position. You are basically hiding, the day the interpol comes after you, they dont care you have a GC you will be arrested and deported.They can have your address and knock on your door anytime.

    You might get away with everything and get a green card. I hope you did not do anything wrong.

    All the best



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  • bo12b
    11-24 02:00 PM
    Anyone??
    bo12b

    Hello all,

    My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.

    But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
    OR
    Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??

    I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.

    Thanks
    Bo12b





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  • dummgelauft
    01-25 06:23 PM
    You are obviously very very new to this, aren't you...
    No, they are not working overtime.



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  • coolpal
    04-22 05:40 PM
    I applied for extension last june for my initial h1b which was expiring Sep 30, 2008... technically speaking, the extension is still pending.... but I applied for h1 transfer in Dec and after answering a couple of RFEs and applying for premium in March, I finally got it approved last week.

    The sad part is they approved it without an I-94 (as consular process), as my I-94 was expired when I applied for transfer... the original extension was applied 4 months before I-94 expired, but since it is still pending, they said they can only approve the transfer as consular process. I couldn't get time off from work now, and I really didn't want to rush to india just for stamping, so I decided to stay here and work on EAD. I hope to get it stamped, when I go to india maybe next year.

    pal :)





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  • gc_lover
    07-24 07:36 AM
    ^^^^



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  • redelite
    08-20 04:40 PM
    I can fix an outline up no problem.. good call though, and thanks guys! :D





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  • chanduv23
    04-18 02:09 PM
    Hello,

    I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.

    Thanks in advance.

    Don't stress - take it easy. This can be fixed. i sent you a private message



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  • bombay
    02-05 08:10 PM
    I came across comments that H1 to EAD is one way. So its better to be in H1 rather than being in EAD. The expenses may not be great even you have to shell out some dollars. If you wish to change jobs and get around 30% increase use EAD.
    I attended an interview that i have EAD then when it came to negotiations on salary i accepted the little lower offer and asked them to do H1B transfer. It works....





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  • la6470
    03-13 01:24 PM
    I heard companies like TCS Wipro HCL (all desi outsourcing firms) have now started to again apply for H1B instead of L1...are they doing green cards too?



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  • KanME
    10-30 08:02 PM
    Have a great meet You guys!





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  • Ann Ruben
    01-20 09:11 AM
    Abhay,

    Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?

    Ann



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  • learning01
    05-23 02:31 PM
    Currently there is no way to pay this USD 100 from US. You have to arrange a contact, your relative etc, ask them to go to designated HDFC banks in India, pay the fees. Get the bar code # on the HDFC receipt over phone, and using that start filling an online application.
    Remember, you NEED the ORIGINAL receipt to attend the visa interview. So, get it by Regd. Post or let your contact keep it in a safe place, you collect that when you meet him in India.
    please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
    Jc_gc





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  • Bytes4Lunch
    04-09 04:47 PM
    Whether they IO at Port of Entry asked anything about your H1B Visa?

    Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
    Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html

    I still don't have an answer to my original question, anybody ?





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  • uma001
    05-04 04:40 PM
    I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.

    Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.

    Not sure what the employment laws are. Could you please advice?

    According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.





    jliechty
    May 23rd, 2005, 08:18 PM
    I would suggest that a very slight amount of fill flash would make the eyes not be so dark. However, if you have a decent photo editing program, you could experiment with the "dodge" function to selectively lighten the eyes just enough to make them come out of the shadow, but not enough to be obvious. Also, consider attempting some "soft filter" attempts in said imaging program, to make the portrait more flattering (in other words, to subdue some facial imperfections).





    diptam
    04-13 07:12 PM
    sledge_hammer,
    Please check my PM.

    Howzatt,
    The issue is not H1 transfer - i transferred it 5 weeks back and know multiple folks who will transfer again.

    The issue is they are not been able find projects quickly - without Projects the transfer may not be approved ( this is happening these days) and also who will pay me without getting money from client ??

    What line of work are you in? Either send me a PM or post here.



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