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  • Green.Tech
    08-14 05:19 PM
    I have applied for Advanced parole at the end of July 2007. My H1B visa is expired, but my H1B petition is still valid. Should I just take the risk of traveling and try to get H1B visa renewed to re-enter ?

    OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.

    Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?


    :confused:

    Thanks in advance

    ...and you dont want to get a H-1B visa stamped because it is risky? What kind of risk does that involve? There is no risk. Just get your H-1B stamped when you go to your destination. Simple.





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  • raju123
    01-03 08:35 PM
    I think, last week, two threads were locked due to very hot discussion on this issue. This discussion will create more heat again.


    "invoke AC21 without waiting for six months" - I completely agree , that is a great idea if it is not asking for too much.





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  • eb3India
    06-22 04:30 PM
    Wake up guys, i am not being negative, i am just being positive,

    the points that you mentioned applies to US economy, I Myself is playing very important role in Multi-million $$ product,

    do you think US politicians care about us, they just showed straight finger, if you don't get then it'z not my problem

    The only way we can get any thing out of these politicans by playing politics, show them the meat, we need to figure that out

    One thing always worked is MEDIA, we need to get more attention on national media

    again I am just being practicle

    I don't agree with 'eb3india'. Don't be on negative attitudes. Negative thinking will not gain anything. Think positive !

    India Government will listen to us because;

    1) If you stay here in USA, you will send money to your parents and relatives.
    They will spend money and improve indian economy.

    2) If you stay here and become rich, you may start a busness in india and employ indians and indian economy will grow.

    3) You may invest in houses and properties in india.

    So, If you continue to work in US and make money, Indian economy will grow
    indirectly. Did you get my point ? Mr Vayalar Ravi knows this very well. He knows the earning potential on NRIs in US.





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  • gcwait2007
    07-01 12:47 AM
    I used to be client of Gowda couple of years back and I did not like the experience at all.

    My situation was little different. Gowda's firm was the de-facto firm used by my employer although I used to pay all attorney fees out of my pocket. In spite of me paying for his fees the firm always put my employer's interests ahead of mine. My employer then was a typical blood sucking desi consultancy shop and used pending GC as one of their leverage to make employees stuck with them in spite of poor pay scale. As far as my own experience goes Gowda's firm happily played along with my employer in the grand scheme. They denied me any update regarding whether my labor was cleared as well as didn't send me any original approval notices/receipts etc. at my employer's request. When I raised lot of noise I was finally told I can no longer have direct access to the attorneys and have to route my requests through my employer! I wised up, cut short my losses and ditched both of them to join a big respectable company loosing my earlier PD and approved labor in the process (which I'm sure my employer must have sold back when LC substitution was legal). I finally received my GC in September.

    Your experience maybe different if you directly retain Gowda without involving your employer. Competency is not an issue here, conflict of interest is.

    I agree with SSA. I retained Gowda without employer interference and still I did not get proper service and guidance. Further I found that Gowda is not keen to handle EB cases, compared to Investor categoy cases and the rates are exorbitant if there are any RFEs or representations for smaller persons. I moved away to Ron Gotcher and found his fees are dead cheap and his services are thousands of time worth, compared to the fees I paid.



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  • GCaspirations
    10-03 09:54 PM
    Hi,

    I'm sorry if this question sounds trivial, what is LUD? My FP was done on Sep 19 and I checked the uscis website today using my i-485 receipt #. I don't see any update. Please let me know.

    You have to create an online account to get updates on you application. You will see LUD and there is the date everybody is looking for. You can also receive email if take the option.
    You will not see LUD if you just put in your recipt number to check status of the case.





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  • sanju_dba
    03-31 01:08 PM
    Thanks!

    Done!

    The Dallas / Fort Worth Heritage
    The Dallas Examiner
    The Dallas Morning News
    Fort Worth Star-Telegram
    Printed and mailed to Dallas Observer



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  • learning01
    05-01 04:14 PM
    DL is issued in CO upto the validity of your I-94, which is fine.
    So, for each H1 renewal or extension, you have to queue up in DL office. Also, for dependents visa holders (H4), before you go to DL office, you have to go to SS office, get a letter from them that a SSN cannot be and will not be issued. Such a hassle.
    In FL, it is being extended to only 1-94 date.





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  • StarSun
    08-17 03:14 PM
    I have never joined to IV conference call so I don't know which number to dial and also if any pin or passcode number is required. Please give details of conference call.

    The conference dial in details will be posted by tomorrow.



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  • alterego
    01-18 01:54 PM
    This is the sort of thing that should make folks wake up and smell the coffee. Advocate for yourself or lose the dream. Those of you hoping to wait it out, whether it be 5 yrs or 10 yrs, let this be the warning shot. When times get tough, you see all sorts of crazy things crop up, whether intended by the gov't or through vigilante enforcement like in this case.
    What makes EAD holders immune to these sorts of things? Nothing is certain in this environment.
    Physicians recently faced a scare(last year) when the USCIS TSC unilaterally started deeming MBBS degrees undergraduate baccalaureate degrees and declining EB2 petitions for them in spite of nearly half a century of precedent to the contrary. This in spite of the ECFMG, ACGME, State Medical boards(vested with the task of determining qualification to practice) etc all recognizing such foreign degrees for Medical/Surgical Residency training and subsequent practice.
    It was only after months of lobbying and various letters of support from medical organisations, and meetings with the USCIS by some prominent lawyers like Greg, that they relented.
    If that can happen out of the blue to International physicians typically working in underserved areas. Then those of you who feel an EAD card makes you immune are living in a fantasy. Take a stand, organize better and advocate for yourself. There will likely be a narrow window later this year for us, there must be a better effort.

    BTW. It took a friend of mine 7 months recently to get his EAD card. No explanation, no nothing. He did not push the issue because he was on a H1b visa, however those are the sort of things that can happen.





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  • boreal
    03-22 12:21 PM
    But doesn't Pagal PD is Feb '05. Then how could he go for " GREEN " ? EB2 right now is current for Feb 15, 2004.

    just a guess, they must be pre-adjudicating - pending a visa number. So, looks like (again a guess), if they pre-adjudicate before the FP expiry date, then you are good, otherwise, they will ask you to go to FP again...



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  • anilvt
    09-21 10:03 AM
    Relax I had the same issue and lawyer resolved the discrepeancy by showing the encashed cheques to USCIS. I got FP notice and going for FP nextweek.

    Take it easy!

    Just ask the lawyer to send the proof and money paid to uscis and ur good to go...





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  • tampacoolie
    08-18 09:17 AM
    Hello -

    As a Primary Applicant my GC was approved (EB-1) but for my wife's application I got an RFE. RFE - USCIS is asking for a VALID wedding certificate showing proof of a hindu wedding under hindu act (dont ask what I was doing or what my lawyer was doing while submitting 485)

    Now I have about 28 days (total is 30) to respond to it. I have not rcvd. my GC but it has been approved and has been sent to production. My lawyer told me that as my GC has been approved my VISA is not good anymore. My wife was on dependent visa and so is my kid.

    Now as my GC got approved.......my visa got cancelled...........my wife's & kids visa is invalid.............and we did not file for Advance Parole so we cant travel. On top of all this we dont have a wedding certificate.

    Any suggestion to address this situation? I cant get a certificate without going back to India and I cant leave the country as If I do so I wont get to enter the country again. Even if somehow (on some legal basis) I can re enter I dont think my wife and kid will be able to re enter US.

    If I dont produce evidence then my wife's application will be rejected putting her out of status.............gosh what a mess.....

    ANY SUGGESTIONS FROM ANYONE WILL BE HIGHLY APPRECIATED. Murali please respond with any possibility which I can explore upon.

    Thanks

    My sympathies to you.
    However I don't understand how your wife and kids got depedendant visa. I don' think one can get a H4 or L2 visas with out marriage certificate first place, unless your wife came here on F1 visa here.
    Anyway, You can apply marriage certificate with Indian Consulate. You may want to visit there with wedding pictures and passport there to get your certificate



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  • xyz2005
    10-05 12:35 PM
    Thank you thank you thank you sooooooooooooooo much!!!!!!!! I didnt even know you had to do this!! I would put my receipt number in check status and worry like a fool. I am just plain stupid!!!!!!!

    After creating my account, I realized there has been updates!!! And now am thinking about all those days I worried.... what an idiot I am!!

    My husband would be very happy to know this. THANKS SO MUCH!

    Hi,
    Can you please tell us all how to reach FBI FP customer service so that we all can check our respective status w.r.t. Finger Printing?

    Thanks much
    Best Regards





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  • punjabi77
    09-10 07:09 PM
    I know there will be many people who are working on their employer's payroll but keeping maximum share of their rate.

    I have my EAD and i want to switch my current company and move to a new
    one as my current company is keeping around 20% share.

    I am thinking of the following options:

    1st option) I have my Canadian PR and thinking of an option to join the current vendor directly. Incase my 485 is rejected, then i can move to Canada.
    In this case, i do not know how to run the paycheck and other related stuff to stay out of trouble for my current 485 processing.

    2nd Option) I can find an employer who will just keep around 5/hr from my share and keep me on their payroll. I can also keep myself on my H1b by having my H1 transfer done. I will take care of running the payroll from a third party.
    In this option i dont have to worry much as company will show me on its payroll and my H1b will be valid.

    I would appreciate response from people on this forum. I know someone might be doing it right now.
    Please suggest pros/cons of the above options.

    I appreciate your response.



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  • dilipb
    02-16 01:53 PM
    If an individual already has a pending AOS application on file when a retrogression occurs that places the cutoff earlier than the applicant's priority date, USCIS sets the application aside and will not adjudicate it until the priority date is current again. As an example, after months of stagnation, in June 2007 the priority date cutoffs for employment-based second and third preference (EB2 and EB3) applicants (the bulk of employment-based green card applicants) advanced dramatically for all countries of birth





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  • Gravitation
    12-16 01:24 PM
    Probably a dumb question which was answered before in some other thread.. but just so that I understand better:

    Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
    If so, how has USCIS handed out these visas historically?

    It's a bit more complicated than that:

    Law comes from three sources:

    Comman Law: Laws inherited from the british justice system (evolved over centuries).

    Legislative Law: Laws passed by congress and signed by the Prez.

    Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.

    So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.

    Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.

    Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!



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  • makemygc
    06-15 12:09 PM
    HI,

    Can any one tell me is it necessary to Get medical done by Dr. only around ur location.

    Reason for asking is I live in NJ. And i got an appointemt with DR. Kim in NY as i know him through somebody else.
    He is also more reasonable asking around 190/-

    Thanks

    He is definitely not reasonable if he is asking only 190/- becuase that should just be the physical. Immunization and xray might increase your cost. Check with your doc.





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  • techskill
    10-01 02:03 PM
    Did anybody fly recently in Lufthansa to India? I wanted to know whether you need transit visa.
    I have booked the tickets in Lufthansa to india in Dec.

    My travel agent says you dont need transit visa if you have AP.

    Since i have time now, i can apply nowif needed.

    Also please give me the details about the appln forms to apply for the transit visa.

    please advise.





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  • webm
    11-19 11:09 AM
    If you consider waiting from Feb 2005 is too long, then what you would say for those guys stuck still in BEC from 1999

    I agree with you...





    reddymjm
    12-13 09:51 AM
    Fwd that email to FBI, DHS, USCIS etc





    brb2
    07-19 05:24 PM
    There are over 339,000 people stuck in name check - this is done for naturalization and 485. I can bet you this will be the next battle because a lot people who have filed 485 will get stuck in this black hole, where this no accountability by FBI to individuals because the "client" is USCIS and last quarter there were 400 law suits (Writ of Madamus etc) to force USCIS and FBI to do their jobs. It would be best if setting time limits for name checks are included in IVs goals now itself. No point in jumping from the frying pan if one is going to eventually land in the fire. The name check snares a lot of Indians, Chinese, middle easterners, russians etc. Most people stuck in the name check have never been involved with the law - go figure the algorithm FBI uses to trawl the ocean bed!

    Another thought i had was...Before all of us june,july,august folks land up in the blackhole of FBI namechecks...Can we lobby for some kind of transparency?What in the world can make them take 4 yrs to check a persons name?Can they at least maintain a website that they update as and when a name check is completed...Please core and members,do something about this...something as effective as the campaign to accept july applicants!!while they are overhauling the system let them get it right all the way!!