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  • prashantc
    01-29 10:41 AM
    AP can be used to re-enter and you can continue on your H1 if it is valid. Your H1 is invalidated only if you use EAD.
    I just came back to US using AP, I had booked an appointment for Visa interview. But after seeing the PIMS mess I decided to use AP. It was very smooth and easy.


    A question though: is'nt it abandoning your H1B1 visa tenure if you enter on AP even with a valid H1B remaining?[/QUOTE]
    Well good for you that you could use AP. We had AP ourselves, but I wanted to use the remaining H1B period, hence the big mistake. Now the only way to use AP is to withdraw our visa applications, get the passports, and fly back. I will resort to this ifthe passports are not returned by the coming weekend. Chennai consulate sucks!!





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  • like_watching_paint_dry
    06-13 08:52 AM
    Of course yes its for our interest BUT don't forget that its against a violation. Tomorrow if the same organization brings resources in H-1B/EAD/GC/Citizenship we are not going to complain about it ... because its within whats allowed by the law, I think thats the purpose of having rules ... to have a fair playing ground ... think abt the havoc/chaos these companies could create by bringing people without any visa (illegally across borders) and talk about 'closing the doors and me not brought up that way', do you think that anyone including you would support that???. Here the purpose of L-1B visa is misused and blindly violated, so lets move in the right direction, we are not asking all L-1B visas to be banned BUT to investigate the abusal of that visa category and we are just pointing out the incidents where we think its getting violated. Lets see who is on right/wrong side. We'll leave the decision part to ICE/USCIS/Other agencies involved.

    I think you are doing the right thing here. My question .. what are the typical signs you need to watch out for to determine L1 violations are happening? How do you collect information / evidence that ICE or USCIS could find helpful and act upon?





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  • BharatPremi
    03-27 12:37 PM
    I do understand that without evidence you can't fight the conventional way or file a law suit. It would be difficult, if not impossible. I am not debating that. I never said it would be easy. Even with evidence (in case of Capital One), one can argue if thats a good enough base for fighting and whether it will do any good if the case is won. Thats not the point.

    What would you do if a recruiter or employer told you (verbal or writing) that it is their policy not to hire Indians? (I am just using India as an example).

    Regardless of written evidence, I would be inclined to do something about it. I am not saying that I will file a law suit. I would probably not even want to work for such an employer. But I will not be speculating that oh, there must be some loophole that allows employers to have such a policy; because many of them are saying that, it must be legal. I will not assume that they can do this under "Hire and fire" authority. We just seem to have a little difference in opinion about that. We agree on pretty much everything else. Thats all. And frankly, its good to have an opposing perspective on things.

    Now, if I hear from experts that my understanding of the discrimination laws is incorrect and that it is legal for an employer to say that they will not hire somebody with EAD, I'll just shut up. Until then, I will encourage people not to be quiet and to call the hotline, file a complaint, call the media, and pursue whatever means we have at our disposal to fight what we consider injustice and fight what we believe is discrimination as per the law.

    Now, I am with you:)





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  • Hewa
    06-29 02:11 PM
    If USCIS mail room is closed fedex will probably re-attempt to deliver the next business day.

    Guys, Are we sure that Fedex will not deliver on saturday or sunday, what will happen if they deliver, nobody will be at USCIS to accept right, so it will still be opened only on monday ?



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  • GKBest
    09-16 01:42 AM
    Will call USCIS mid-week. Can't wait for 90 days.





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  • belmontboy
    09-23 05:26 PM
    Seems logical, but on the other hand if that were to be the case, then why isn't there a spike in June-July '07 to reflect the deluge of 485 filings?

    Hmm... Did all the July 07 filer's get their Receipts in the same month???



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  • SamTheChapu
    08-19 06:09 PM
    Congrats!!!! Can you please tell the SR process? Do we have to tell the reason why we want SR on the case? If yes, what was your reason to open SR? Thanks!

    You call the 1 800 number



    Call 1 800 375 5283 and choose option 1 for English
    * choose option 2 for checking case status
    * Enter receipt number ........., select 1 to confirm the LIN number is correct
    * It reads out the information which you can already see online
    * It gives me few options to select now:- (To repeat press 1, to check another case press 2, to report a problem with this case press 3,
    Press option 3 (problem with case) and then listen carefully to choose "case is outside processing time" and that should lead you to the representative

    note down representative name and his id.

    Tell him your information (A number, name, address, priority date etc when he asks for it) and tell him you are current and the case is outside processing time (it's too old case as the information online says they are processing 2009/2010 I 485 cases) and ask him the status of the case.
    Ask him that you want to know about if the name check is completed, FBI background clearance passed etc and where is your case right now (assigned to any IO?)

    This should trigger him to open an SR. Note down SR number.





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  • mail2me_Ds
    10-01 01:37 PM
    Our cases were approved on Sep 21, 2010. Received approval notices on Sep 25, 2010. But did not get the Cards yet. I am planing to travel next week. So I went to local USCIS office and got the I-551 stamp on my passport. Can you guys suggest me what other documents I need to take along with me if I don't receive the cards by the time I leave. Also pls let me how long will it takes to receive the cards.

    Thank you,
    Srini



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  • SunJoshi
    01-01 09:00 AM
    Guys,
    Any idea when the new proposals will be implemented if they become law :confused: Do we have to wait until Oct for these new proposals to take effect.
    --MC

    mchudi,

    These are very tough and partisian bills (immigration bills). This also being an election year, some lawmakers will try to puch their own agenda. Don't expect a featherbed solution. This will be a dogfight.





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  • chanduv23
    09-09 02:59 PM
    Lets keep this thread on top.

    Come on folks, lets burn those phone lines.



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  • Green_Print
    07-11 03:28 AM
    In such trying times its awesome to find individuals in the media willing to lend a receptive ear to the hardships faced by all of us and write a wonderful news article on it. Its even more significant especially because when people who should be listening to our concerns and who have the ability to address these issues have turned deaf ears.

    She and other media personnel who have helped highlight this issue deserve at least a thank you note.

    Just my thoughts.....

    Dear Non-Indian Members,
    When Xiyun Yang talked to me yesterday, I did mention that there are more Chinese and Pakistanis and people from other countries
    She was very much interested in talking to them. ( I had mentioned this in my previous post, but would have got lost in the barrage of posts in the last few days)
    I would suggest, that non-Indians, please contact Xiyun @
    email:yangx@washpost.com
    office phone: 202 334 6701

    Also, please leave a comment on her article in the washington post and mention which country you belong and how this is also your issue, as much as everybody else

    We definitely want to make this an universal issue and not just an Indian Issue

    Anand Sharma





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  • bharani
    10-31 10:40 AM
    Posted all four letters an hour back.



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  • visves
    06-21 09:09 AM
    This is the reply from Attorney Murthy on a question asked on Murthy chat about filing two employment based I-485's for the same beneficiary (not the husband/wife situation).


    "Generally it is safer not to file 2 separate 485s since it can confuse USCIS since they may assign two separate Alien or A numbers to the same person. This could end up delaying the person's I-485 approval down the road or create a security delay in many cases with multiple I-485s generally we recommend one case to be filed as an AOS and the other for CP if possible."






    If you have other answers from lawyers, you can post them. Make sure to post the lawyer's name. Do not post your opinion. Post legal advice given to you by your lawyer, with the lawyer's name. This will help members get accurate advice and not opinions.





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  • abhijitp
    01-10 07:08 PM
    You really cannot determine the achievable factor of a goal on a scale of 1 to 100 so that ordering is moot. In fact, there is some merit in keeping our most ambitious goals upfront - with enough support from the community we might just achieve them.

    Point noted.
    NorCal'ers as well as others, please act NOW... we can do it, IV can help!



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  • anilkumar0902
    08-17 02:16 PM
    congrats.....

    Nrk,
    Looks like you were on a roll congratulating a lot of folks :D
    Thanks bud

    Cheer





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  • samcam
    06-29 07:02 PM
    Folks, first of all don't try to slam me for posting this.. Here is a note that I got from my law firm Paul Hastings.. I am subscribed to their immigration related email.. I got this today.. While this has come as a shock to me, they are still preparing to file my I485.. I did not hear this from my lawyer personally, but only through this newsletter. I will speak to them about this first thing monday morning. Please read the note entirely.. Has anybody else heard about this..


    Update on Adjustment Filings for July

    Yesterday, we distributed a Client Alert reporting widespread concern as to the accuracy of the Department of State's (DOS) Visa Bulletin for July 2007 and indicating the possibility that United States Citizenship and Immigration Services (USCIS) may potentially not accept adjustment of status filings for all, or a part, of July. Today, multiple reliable sources have indicated that, as early as Monday or Tuesday of next week, the DOS could issue a revised Visa Bulletin for July 2007. Most likely, some or all of the employment-based immigrant visa categories would again retrogress and may become completely unavailable. The practical impact is that USCIS would almost certainly stop accepting adjustment applications for filing if the revised Visa Bulletin indicates that immigrant visa numbers are not available.

    This unexpected development would deviate from many years of agency practice. It would be devastating for companies and foreign national employees who have relied, as they are entitled to do, on the July Visa Bulletin and were anticipating the filing of adjustments throughout the month of July. We have initiated a concerted effort to aggressively address this unprecedented situation through the highest levels of the Department of Homeland Security (DHS) and the DOS. We are joined in this effort by many other organizations, and we are engaging congressional offices for assistance. Many have already agreed to speak with DHS and DOS. We will keep you updated.



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  • sanjayb
    09-25 01:09 AM
    J.BARRET:

    sanjayb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 08/05
    Ashres11 - 2nd July/ 10:28/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN
    Sairam - 2nd July/10:28/FedEx/J.Barret/NSC/140 - TSC/No RN - 07/28
    InsKrish - 2nd July/10.25/J.Barret/NSC/I-140 approved from TSC/No CC/RN
    sudhi - 2nd July/ 10:25/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN - CHECKS CASHED 09/13 -- Received Receipts
    Danu2007 - 2nd July/10:25AM/J. Barret/NSC/140-TSC/NO RN
    Triviagal - 2nd July/ 10:25AM/ J. Barret/NSC/140-TSC/NO RN
    rkartik78- 2nd july/10:25am/ J.Barret/ I140-TSC/ NO RN NO CC
    GCFISH- 2nd july/10:25am/ J.Barret/ I140-TSC/ 485 went to NE/NO RN NOCC
    rexjamla- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    kmkanth- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    BU007- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    veerufs - 2nd july/10:28am/J. BARRET/I140-TSC/NO RN/NO CC
    123456mg - 2nd july/10:25am at NSC/J BARRET/I140-Approved from TSC/NO RN/NO CC
    aussie731- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    nkavjs - 2nd July/ 10:25am/ Fedex/ J.Barrret/ NSC/ I-140 TSC lud on I-140 8-5-07/ NO CC/ NO RN
    jsb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/27
    gc_us - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/28
    srinitls - 2nd July/10:25/FedEx/J.Barret/NSC/NO RN NO CC
    realraghu - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    vg1778 - 2nd July/10:25/FedEx/J.Barret/NSC/140/No CC/No RN


    R Mickels :

    giddu- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    mahendra_t - 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    Satya- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    pareshtyagi- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    sapking - 2nd july/9:01am/R Mickels/ I140 pending-TSC/ NO RN NO CC
    smshen- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSS/No CC/No RN
    gcgoodluck- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSC/No CC/No RN/No data
    dudenj - 2nd july/9:03am/R.Mickels/I140-NSC/NO RN/NO CC/NO EAD
    trajendrababu - 2nd july/9:01/R. Mickels/NSC/No CC/No RN


    F HEINAUER:

    cadude- 2nd July/11.11am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
    helpme1234-2nd July/11.14am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
    cowboy-2nd July/12.34 pm/F HEINAUER/NSC/1-40 TSC/NO RN NO CC


    R.Williams :

    Jignesh - 2nd July/7:55am/ R.Williams /I140 -NCS/ NO RN NO CC, NO DATA IN SYSTEM
    doshhar-2nd July/2:02PM/ R.Williams /I140 -TCS/ NO RN NO CC - I-140 LUD 08/05
    buckeye98 - 2nd July/7:55am/ R.Williams /I140 -NCS/ NO RN NO CC, NO DATA IN SYSTEM

    C UHRMACHER :

    Bayboy -2nd July/8.oam/C UHRMACHER/I140-TSC/NO RN NO CC
    nk2007-2nd July/8.26am/C UHRMACHER/I140-TSC/NO RN NO CC

    Other -

    zdong -- 2nd july No check encash/No RN
    HNaik-2nd July/10:04am/ Armstrong/I140 -TCS/ NO RN NO CC
    mashu -- 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC
    abhis0 -- 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC 140 LUD - 08/05
    i99 -- I140/485 concurrent/NSC/July@d/R.Williams/No CC/No RN
    vikramy-- 2nd July/I140 TSC/ No RN No CC
    sivanu -- 2nd july/I140 TSC/No RN - 140 LUD 7/28
    kcham -- 2nd July/8:45am/Pitcher/I140 TSC/No RN No CC



    Applications are returned:Incorrect filing fees :

    noendinsight- 2nd July/NSC/1-40 Approved NSC/NO RN NO CC





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  • sc3
    08-21 01:13 AM
    Hi guys,

    Sorry, I bit the bait and got off track. Let us focus on the issue again. Let us agree on a time line and act accordingly.

    I would say, this week we work on drafting the letter (I took a shot at it, available @ page 2). Having 2 or 3 differently worded letter would probably be nice, but not necessarily.

    Next week we start mailing the letters. We have about 500 responses in the poll for EB3, so if we can get most of them to send the mail (email/fax whatever), it should be a start.

    We probably should start drafting a mail for our representatives/senators too, so that they too can follow up with USCIS.

    We will face a lot of opposition, ridicule and nasty posts, but we should persevere if we want to get our GCs any time soon.





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  • greencardvow
    06-26 02:26 PM
    What is the Period of Stay Form. Is there a format for this form.





    bindas74
    06-16 01:02 PM
    No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.

    If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.

    If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.

    Hi Logiclife,

    Can you please provide me insight on my question?

    My company filed for my I485. i didnt file the EAD / AP at that time. I have a valid H1B stamped for multiple entry till 2010.
    So, as per your post, I can apply just for EAD, right? That is if I want to switch jobs after 180 days using AC21 and if I start using my EAD, can I go out and come back with my valid H1B stamping? Or do I need to have the AP since I have started using my EAD??
    Similarly, can my wife use her H4B even after she starts using the EAD instead of AP when she travels??

    Any help is greatly appreciated.
    -Thanks





    gc_on_demand
    09-15 10:47 AM
    Bump...



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