gps001
06-26 04:02 PM
Hi,
Did you get a response for the question? If you already have a valid AP, or a valid H1-B visa, would this still apply?
ie, if you have a valid AP, or a valid H1-B (stamping), can you return back to the country if there is a pending AP application?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Did you get a response for the question? If you already have a valid AP, or a valid H1-B visa, would this still apply?
ie, if you have a valid AP, or a valid H1-B (stamping), can you return back to the country if there is a pending AP application?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
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shana04
02-12 03:41 PM
Hi Shana04,
Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..
Question:
Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..
Thanks
Ramesh,
I have responded the same to "kishdam "
I was in the same situation as yours.
Just file H1B with different company but with same job title and jobe code.
Then ask your attorney to send AC21, it is just a letter with new offer letter.
Good luck
Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..
Question:
Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..
Thanks
Ramesh,
I have responded the same to "kishdam "
I was in the same situation as yours.
Just file H1B with different company but with same job title and jobe code.
Then ask your attorney to send AC21, it is just a letter with new offer letter.
Good luck
summitpointe
02-12 08:15 AM
When you were working for your previous employer, he might have given you a paycheck. You can contact the paycheck company and get your W-2.
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gc28262
03-11 10:20 PM
Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.
I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
with me?
Are any of these happening with you ? If so report to USCIS.
If not, why do you assume it happens with others.
Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?
I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.
Don't be so selfish.
I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
with me?
Are any of these happening with you ? If so report to USCIS.
If not, why do you assume it happens with others.
Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?
I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.
Don't be so selfish.
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bfadlia
02-27 04:53 PM
It's really strange the surge in non-legal issues threads..
If the poster had any genuine hope of getting help she wouldn�t be posting it on a forum for foreigners who obviously have no lobbying power and if we did we will be using it for ourselves first.
Somebody is trying to establish an association between us and drug and other law breaking criminals..
Time to put these red dots to a good use.. Get�er boys :)
If the poster had any genuine hope of getting help she wouldn�t be posting it on a forum for foreigners who obviously have no lobbying power and if we did we will be using it for ourselves first.
Somebody is trying to establish an association between us and drug and other law breaking criminals..
Time to put these red dots to a good use.. Get�er boys :)
NKR
02-13 09:13 AM
"in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......"
Well, in that case you become a ulta employee and trouble your employer...
Well, in that case you become a ulta employee and trouble your employer...
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SDdesi
06-05 12:22 PM
How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:
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eb_retrogession
04-01 07:03 PM
Faxes sent.
Thanks everyone for your hardwork.
Thanks everyone for your hardwork.
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nefrateedi
08-23 12:33 PM
Yes sir, I do. I am suffering for 8 years now because of all these stupid USCIS rules. They think that by changing name from INS to USCIS things will change. Well, got a news for all, it is in worst shape than ever.
So far as you are concerned sir, are planning on joining us or not.
Well, it's the bitter truth that a lot of people have been suffering now for a while. Unfortunately in this person's case, it's not the USCIS that messed up, it was the lawyer... Now you're going to come back with something like "It's because of USCIS' stupid rule of not accepting applications when priority dates are not current", but guess what...that's part of the system...you've got to play by the rules!!!...agreed that it would be wonderful if a lot of the rules changed, and IV is doing a great job in trying to make this happen!
By the way, what's your explanation for the rude comment? We all understand that you're an ardent supporter of IV's efforts, and that's awesome, but that doesn't mean you can put other people down...
To answer your question, yes, I am doing my best to ensure that I'm able to make it to the rally...but just some food for thought... in the event that a person is not able to make it to the rally for some reason, it does not give you ANY RIGHT WHATSOEVER to go about bashing them in the way that you are...
Good luck!
p.s. It's mam, not sir.... :cool:
So far as you are concerned sir, are planning on joining us or not.
Well, it's the bitter truth that a lot of people have been suffering now for a while. Unfortunately in this person's case, it's not the USCIS that messed up, it was the lawyer... Now you're going to come back with something like "It's because of USCIS' stupid rule of not accepting applications when priority dates are not current", but guess what...that's part of the system...you've got to play by the rules!!!...agreed that it would be wonderful if a lot of the rules changed, and IV is doing a great job in trying to make this happen!
By the way, what's your explanation for the rude comment? We all understand that you're an ardent supporter of IV's efforts, and that's awesome, but that doesn't mean you can put other people down...
To answer your question, yes, I am doing my best to ensure that I'm able to make it to the rally...but just some food for thought... in the event that a person is not able to make it to the rally for some reason, it does not give you ANY RIGHT WHATSOEVER to go about bashing them in the way that you are...
Good luck!
p.s. It's mam, not sir.... :cool:
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tabletpc
01-06 01:24 AM
Venky08,
I was about to hit bed. Reading your translation...i lost my sleep..:):):):).!!!!! Reminds me of translations made in hindi movies which comes with funny sub titles..!!!!
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
I was about to hit bed. Reading your translation...i lost my sleep..:):):):).!!!!! Reminds me of translations made in hindi movies which comes with funny sub titles..!!!!
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
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royus77
05-19 08:56 PM
I agree ..provided they have done thier BS in US university ..i know 80 % of the indian students ( leave IITs/IIMs) will do MS because they either didn't get any job in india or admission to higher degree program
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swamy
04-03 02:21 PM
Pappu,
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says
"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"
I will keep the forum updated on any developments
"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says
"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"
I will keep the forum updated on any developments
"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine
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hopefulgc
07-27 05:42 PM
and u are saying this coz u r a programmer for uscis?
A common misconception.
Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.
Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.
So there was no new found efficiency in USCIS as many seem to believe.
A common misconception.
Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.
Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.
So there was no new found efficiency in USCIS as many seem to believe.
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delhirocks
07-19 03:52 PM
There you go...If you found this discussion and board useful, please consider contributing.
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
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lazycis
12-28 11:32 AM
Hi,
I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
FP status check phone is 304-625-5590. Name check is a different story. Write a letter to your congressman/senator or even Mr. President to inquiry about the name check status.
I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
FP status check phone is 304-625-5590. Name check is a different story. Write a letter to your congressman/senator or even Mr. President to inquiry about the name check status.
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venkygct
08-30 07:42 PM
^^^^^^^^^^^^^^^^
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irrational
07-23 01:02 PM
Can you send me also a copy of the supporting letter
Thanks
Thanks
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nrk
10-30 03:55 PM
Yeah rb_248, relieved now.
That sounds like good news. You must be relieved.
That sounds like good news. You must be relieved.
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bfadlia
04-14 03:45 PM
I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
nk2006
01-09 12:14 PM
Alternative work-arounds (Having it both ways) :):) : Here is what some people do. .............
This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?
I did the same (a few years ago when I was on H1b) and I think its perfectly legal and common practice to do. In fact our HR gave us COBRA documents and written advice to this affect (note: its a well-known company with 100k+ employees at that time; they would not have advised if its not legal)
This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?
I did the same (a few years ago when I was on H1b) and I think its perfectly legal and common practice to do. In fact our HR gave us COBRA documents and written advice to this affect (note: its a well-known company with 100k+ employees at that time; they would not have advised if its not legal)
Sakthisagar
10-28 10:49 AM
What do you mean? My father was an engineer and he started his Bachelor of law at age 58 in 1996 in India, after retirement. regular college, which only 10% pass out off.
I'm only comparing the economy and education not the culture.
Well that was funny, I'm mostly an atheist.
The first thing you should understand are most of these conversions are started by foreign organizations and their followers, and conversions by force or by paying money should be stopped immediately.
Well some general knowledge for you - I haven't heard of native roman catholics converting anyone. They are very conservative and it is very difficult religion to follow - numbers don't matter.
What propaganda is this? The american overseas pursuits are not related to religion.
There are some rogue organizations here, who run this as a business, with profit/loss, and they need to be monitored in India. They surely have branches there too.
Sorry guy, I do not debate with atheists sorry, because they are the most unfaithful and false creatures in this world becasue they deny themselves virtually. so thanks for the blah blahs.
I'm only comparing the economy and education not the culture.
Well that was funny, I'm mostly an atheist.
The first thing you should understand are most of these conversions are started by foreign organizations and their followers, and conversions by force or by paying money should be stopped immediately.
Well some general knowledge for you - I haven't heard of native roman catholics converting anyone. They are very conservative and it is very difficult religion to follow - numbers don't matter.
What propaganda is this? The american overseas pursuits are not related to religion.
There are some rogue organizations here, who run this as a business, with profit/loss, and they need to be monitored in India. They surely have branches there too.
Sorry guy, I do not debate with atheists sorry, because they are the most unfaithful and false creatures in this world becasue they deny themselves virtually. so thanks for the blah blahs.
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