cableching
10-20 11:44 AM
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go out of Country after applying for an AP, using an old unexpired AP, but you must return before the old AP expires??? This is what I read somewhere. You may not be able to use the New AP which is approved after you leave the country.
I read it somewhere! Just take openion of a good lawyer, before taking such an action.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go out of Country after applying for an AP, using an old unexpired AP, but you must return before the old AP expires??? This is what I read somewhere. You may not be able to use the New AP which is approved after you leave the country.
I read it somewhere! Just take openion of a good lawyer, before taking such an action.
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martinvisalaw
07-13 05:26 PM
You shouldn't need an experience letter to apply for a H-1B visa, especially when the visa is for a different company. Eligibility for H-1B status doesn't depend on experience, it is education that is important.
arundhati_datta
07-08 06:14 AM
Hello ASh027,
I do have same query since I got a offer from teksystem and not sure if i join them would i be in the same trouble during AC21. Can i even do AC21, what should i do.
Anyone please advice, what happens if i join this contract position, leaving my perm job since they are not able to give me projects and not paying either. So later on once this contract is over and if I join a perm job, will there be any questions if I do not do AC21 now.
Please help. Is there any chance of getting my I-1485 rejected. I-140 approved 3 years back and Got EAD 2 years back too.
I do have same query since I got a offer from teksystem and not sure if i join them would i be in the same trouble during AC21. Can i even do AC21, what should i do.
Anyone please advice, what happens if i join this contract position, leaving my perm job since they are not able to give me projects and not paying either. So later on once this contract is over and if I join a perm job, will there be any questions if I do not do AC21 now.
Please help. Is there any chance of getting my I-1485 rejected. I-140 approved 3 years back and Got EAD 2 years back too.
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drirshad
10-26 06:19 PM
My case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Edit/Delete Message
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
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kumar1
01-12 12:17 PM
Don't do it. It is illegal.
blacktongue
01-26 01:16 PM
Why more IT people from Andhra India?
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cdeneo
01-09 03:34 AM
What happens if one does not surrender the I-94 when travelling abroad?
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
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fide_champ
08-04 06:50 PM
Hi,
Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then i can get my family here since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?
You cannot do a COS for them while they are in india. It would be better if you can apply COS for all including yourself at the sametime to avoid complications. Basically the COS for your family must be applied before your COS gets approved. I suggest you speak with a lawyer for exact interpretation of rules.
Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then i can get my family here since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?
You cannot do a COS for them while they are in india. It would be better if you can apply COS for all including yourself at the sametime to avoid complications. Basically the COS for your family must be applied before your COS gets approved. I suggest you speak with a lawyer for exact interpretation of rules.
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JDM
08-07 08:50 PM
/\/\/\/\/\/\/
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nhfirefighter13
October 23rd, 2005, 05:53 AM
Adding to what Kevin said about shadows... If you are using strobes or tungsten sources, placing them at the side, down low, of your object will create some nice depth.
Good luck! I'm off to the Islands for a week.
Good luck! I'm off to the Islands for a week.
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dehradoon
06-14 07:15 PM
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Yes, you can file for 485 when extension is pending, I did that last year.
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Yes, you can file for 485 when extension is pending, I did that last year.
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CCC
07-05 06:33 PM
First off, thanks for the response guys.
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
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gccovet
09-04 01:42 PM
I beg to disagree on this thought:
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
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Pankaj
08-18 04:59 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
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Maverick_2008
02-22 10:14 PM
I'm sure you know the logic why it goes backwards but your comment did bring a smile on my face. Isn't it interesting that arguably, the most progressive country is working backwards? :)
Maverick_2008
How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?
Maverick_2008
How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?
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akilaakka
07-13 01:54 PM
Check law and Nirenr Joshi,
Mine was paper filed by Attorney.
Checklaw: There is nothing in the law that states you need to have AP continously. If you dont anticpate to travel then you dont need AP.
However if you are in EAD then it is advicable to have AP's as no one can predict emergenices.
Thanks
senthil
Mine was paper filed by Attorney.
Checklaw: There is nothing in the law that states you need to have AP continously. If you dont anticpate to travel then you dont need AP.
However if you are in EAD then it is advicable to have AP's as no one can predict emergenices.
Thanks
senthil
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smileyslimey
11-30 09:47 AM
Thanks, honge_kamyaab.
Your point is well taken.
But, my doubt is on the premise that a new H1-B can be obtained based on a previous approved I-140 or Labor Cert. However, if I am changing industries, my job function and description are both changing. In that case, can I use the fact that I had an I-140 from a previous employer in a different industry for a new H1?
Appreciate your help.
Regards.
Your point is well taken.
But, my doubt is on the premise that a new H1-B can be obtained based on a previous approved I-140 or Labor Cert. However, if I am changing industries, my job function and description are both changing. In that case, can I use the fact that I had an I-140 from a previous employer in a different industry for a new H1?
Appreciate your help.
Regards.
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newuser
10-07 07:56 PM
Keep a copy of your paystub at your work place
PS: Official comes from DHS to your office not your home
Moreover how hard it is to keep a copy of your paystub at your desk
Its not a matter of piece of paper. What's the guarntee that they make not start asking
W2's, exp letters, passport copy, approval letter's etc.
PS: Official comes from DHS to your office not your home
Moreover how hard it is to keep a copy of your paystub at your desk
Its not a matter of piece of paper. What's the guarntee that they make not start asking
W2's, exp letters, passport copy, approval letter's etc.
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akhilmahajan
10-27 09:28 AM
New England Chapter Meeting 10/28/07(Sunday) @3:00 PM at Food Court, Burlington Mall, Burlington, MA
San Jose was the beginning.........................
July 2nd was the next step..........................
Washington DC was a bang..........................
Now lets get together for the supernova........
Date:- October 28th, 2007 (Sunday)
Time:- 3:00 PM
Location : Food Court, Burlington Mall, Burlington, MA
Agenda
1. IV awareness campaign
2. Our experiences at the DC rally and lobby day efforts
3. Is lawmaker meetings really that important? Does it make a difference?
4. How can you help IV activities? Distributing Flyers, emails, etc..
Please spread the message about this meet among your friends.
If you or your friends haven't joined the New England Chapter, please join the state chapter at http://groups.yahoo.com/group/MA_Immigration_Voice/
If you have any questions please let me know.
GO IV GO.
TOHGETHER WE CAN
San Jose was the beginning.........................
July 2nd was the next step..........................
Washington DC was a bang..........................
Now lets get together for the supernova........
Date:- October 28th, 2007 (Sunday)
Time:- 3:00 PM
Location : Food Court, Burlington Mall, Burlington, MA
Agenda
1. IV awareness campaign
2. Our experiences at the DC rally and lobby day efforts
3. Is lawmaker meetings really that important? Does it make a difference?
4. How can you help IV activities? Distributing Flyers, emails, etc..
Please spread the message about this meet among your friends.
If you or your friends haven't joined the New England Chapter, please join the state chapter at http://groups.yahoo.com/group/MA_Immigration_Voice/
If you have any questions please let me know.
GO IV GO.
TOHGETHER WE CAN
pandu_hawaldar
06-04 11:09 AM
I don't think its necessary to have kind of a verification letter from bank. I only sent paper statements for past 6 months, that's it. I printed the same online and also did order in mail through 1-800 number of BOA free of charge. As a matter of fact, in my situation at that time, I was not worried about sending this verification letter, because we give enough docs for our genuineness and I thought monthly statements would suffice.
I guess you should close the account with that bank (or atleast make it non-active) and open one locally.
My $0.02 :).
I guess you should close the account with that bank (or atleast make it non-active) and open one locally.
My $0.02 :).
newbee7
04-12 02:48 PM
If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.
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