Sunday, June 26, 2011

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  • waitnwatch
    01-06 02:26 AM
    This thing is driving me crazy...

    Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?

    As far as I can remember this invitation letter part is only applicable if this is the first time someone is travelling to the US to study or work. I donot think this is needed if you have gone from the US to India for a vacation and are trying to get your visa renewed.

    This is what I recollect. By the way I think you can send a Microsoft Word Document.

    Hope this helps.




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  • akred
    03-27 11:07 AM
    I have come to the realization that there is not much difference between illegals and legals. Both are victims of a system that does not have the capacity to assimilate them.

    No one - press, congress, ordinary citizen or restrictionist - differentiates between legal and illegal immigrants. This is not surprising because the SOP is to somehow move illegal immigrants into the legal immigration system so that they are eventually treated as legal immigrants. In some cases like with CIR or Washington state's in-state tuition for illegals (but not for H or L), the system actively encourages people to qualify for benefits through the illegal stream.

    Of course everyone must decide what they want to do. The I-94 states that penalty for unauthorized work is deportation. You have to decide if that matters to you based on a) whether you want to stay in the US and b) whether you believe you will be allowed to stay even if you follow all the rules




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  • saketkapur
    10-14 06:05 PM
    I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

    Not a lawyer. This is not a legal advice.

    I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......

    My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.




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  • akkakarla
    08-05 06:04 PM
    Step 1: You will be called for interview by random picking of applications,if the person is arrested and answered yes to if you ever got arrested(95% of the cases will be interviewed,if the people gets suspicision about the applicant and/or sponsoring company.

    Step 2: The applicant will be notified about transfer of I485 petition to the local office in email. This stops all LUD's on the case and they pretty much dependent on the local office communication and no updates on their case online.

    Step 3: The Local offices will schedule the interview based on the workload and the processing timelines.They will not stop interviewing because of the retrogression.

    Step 4: They send out the interview letters either to attorney and/or applicant 2-3 weeks ahead and they specifically mention in block letters the documents they are looking for in addition the original documentation submitted.

    Step 5: Attend the interview and make sure to take all the necessary documents listed below:

    1 The AOS interview notice letters
    2 Passport, I-94s
    3 EADs (latest and expired)
    4 The fingerprint interview notice letters
    5 Letter from old-employer-name
    6 new-employer-name Employee varification letter
    7 new-employer-name pay-stubs for current and past year
    8 new-employer-name Consultant varification letter
    9 Marriage Certificate
    10 Birth Certificates
    11 Couple of Marriage Photographs
    12 Degree certificates/transcripts
    13 The receipts of last fingerprint
    14 Copy of I-485 transfer notice to local office (least Important)
    15 Copy of I-485 receipt notice
    16 Copy of documents when we applied for I-485 ( if available)
    17 Copy of Letter from old-employer-name to INS written on 2/12/2002 with I-485 app.
    18 Copy of I-140 approval notice ( if available)
    19 Copy of Labor Approval ( if available)
    20 W2 and Tax Returns
    21 Employee/W2 wages List
    22 Latest bank statements and utility bills

    To the best of my knowledge these are the documents I may miss one or two.

    Step 6: Once the interview is completed and the officer is satisfied with the documents and answers he will take the passports and check for the visa number to the A#. If he feels some discrepancy they will say that they will send the decision in mail which means we need to embrace for anything.

    Step 7: If the visa number is issued from DOS he will then stamp the passport with I551 stamping and the card will be sent in week or two. If the decision is being sent in mail it generally(30%-70% of the times is rejection or asking for additional proof).

    PS: It is not adviseable to reschedule the interview date. Once the date is reschedule one has to be prepared for long periods of time.It is good to get it done and get the moneky of our backs.

    If you really need to reschedule the interview that is already scheduled one MUST MAKE SURE that the USCIS Local Offices are updated and get a written confirmation if possible otherwise the case will be considered abandoned.



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  • sanju
    06-11 11:55 AM
    You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???

    It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.




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  • gc_chahiye
    10-29 11:11 PM
    Hi,

    I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.

    As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.

    My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.

    Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.

    Any feedbacks are appreciated.

    Thanks

    first of all, your EAD and 485 are not impacted by any of these H1 mix-ups from your lawyer. So relax.

    You can start working on EAD now and wait for the H1 approval to come through. Whne it does come through, youll need ot leave the US, get a visa stamp and come back in to activate the H1 (if you need H1 status for some reason like you are unmarried and will need to bring spouse on H4).

    If you are really paranoid, stop working right now and do the H1 in premium processing. If USCIS grants the extension of status (you get new I-94) continue working on that, you are all set. Otherwise at that point you can start on EAD or leave-get_stamped-return, whatever you want.

    To move to EAD you need to file a new I-9 with the employer.



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  • shreekhand
    08-12 05:54 PM
    OP,

    Your PD has been current for only 12 days, it is in no way overdue. I would seriously continue to find more info and scale up efforts only after a couple of months. The real test of patience begins after the PD has become current.

    That said, I have seen others get the reply you got before and then gotten approved in a few weeks




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  • pakrish
    06-22 09:29 AM
    My laywer has adviced me that the skin test is mandatory



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  • abhaykul
    05-04 02:05 PM
    Guys,

    1) For 7 th yr extension your LC and I 140 have to be approved if your LC
    is less than 365 days old at the end of 6 th year.
    2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.


    Abhay




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  • aph0025
    11-12 10:36 AM
    Thanks a ton, edaltsis. Do you happen to know any good lawyer in and around Dallas? Or anywhere for that mater, who can handle this issue with ease? I did speak to a couple of them here, but I did not get a good feeling about my case from them.



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  • meridiani.planum
    10-13 02:26 PM
    Almost everyone knows USCIS rule that EAD can be applied 120 days in advance before previous EAD expires and normal processing time for EAD is 90 days.

    With few exceptions, people are applying in time. They have other issue such as one person got in 6 days. In 20-30 days it is not uncommon.

    You are one of the few people who did not apply EAD in time and trying to draw attention.

    yeah for EAD they should clarify that if its pending >90 days, then we should walk into local office and walk out with interim EAD. afterall USCIS's own guidelines require them to approve within 90 days.

    AP is a bigger problem I think. Processing times are running into 5 months and we can apply only upto 4 months in advance. meaning there is a very high likelyhood of ending up in a monthwhere you dont have an AP. If you need to travel in that time, you are screwed.




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  • ashkam
    08-07 10:44 AM
    if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

    Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

    Thanks
    -M

    The tax returns, W2s, paystubs etc should be yours, not hers, since she is filing as a dependent. I'm not sure if you need to attach your I-20. I'm not sure if you need to file an I-134 but my attorney recommended me to file an I-864 although I-485 instructions are not clear on whether its inclusion is necessary or not. But I would say why not file it just to be safe.



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  • jasmin45
    07-16 05:48 PM
    You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.

    Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.

    Thank you, but I already know that one!
    She must be scrambling for those meaningless "legally correct" words to fill the page now.. not a word from her yet.. except that we already got to know from WSJ report this morning.




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  • rolrblade
    03-18 08:14 AM
    Hi,

    My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

    Please let me know if someone has similar experience with the following:

    1. Is there any salary restriction on increase from current salary percentage wise?

    2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

    Thanks
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.



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  • pappu
    04-15 05:34 PM
    All members are requested to be careful what you post on the forum. Senior members are requested to be vigilant and inform the moderators if you find any post that maybe offensive or from anti immigrants.

    This member is not a genuine IV member. No profile information has been given and a fake email id is given.
    We will check such members with incomplete profile and point them out on the forum. To avoid such embarresment, please update your profiles with full information.

    Bye Bye abby17 and abby from our forums.




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  • krishnam70
    03-13 05:23 PM
    but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.

    Who do i complain to in this case?

    Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.

    Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.

    - cheers
    kris



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  • rangakutta
    02-10 11:56 AM
    I have a masters in Electrical engineering. And my job duties is system administration or say system analyst.




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  • eb3_nepa
    08-25 12:01 PM
    Best thing to do in this case is, simply use your AP. No H1b stamping is needed. You can still remain on an H1B even if you use the AP for travelling.

    As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.




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  • GCard_Dream
    04-27 04:12 PM
    Do you have a link to the news or the bill itself? If so, would you please make that available.




    pappu
    08-08 03:59 PM
    IV is organizing nationwide calls for its members that are taking part in the August 2009 action item. These calls will be providing our strategy and tips to everyone for the upcoming congressional visits. It is very important for everyone taking part in the action item to attend these calls.
    ==================================

    Call 1:
    Tuesday August 11, 8 PM EST

    Call 2
    Wednesday August 12, 9 PM EST

    ==========================
    Note:The call-in codes will be posted on the state chapter yahoo/google groups. Please contact your state chapter leader. If you do not have a chapter, you can contact your nearest state chapter.http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52. The chapter leader will verify you and provide this info.

    Thanks
    Team IV




    jonty_11
    01-22 12:52 PM
    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK
    what does your lawyer say????



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