g03
05-16 10:29 AM
John Kyl from Arizona wants to put an amendment to make "current legals ineligible for this benefit for this if they go out of status from now on".
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desi3933
08-26 02:29 PM
Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?
>> Will that abandon her I-485 filed as a dependent?
No.
________________
Not a legal advise.
>> Will that abandon her I-485 filed as a dependent?
No.
________________
Not a legal advise.
snathan
06-20 09:45 PM
^^^^^^^^^^^
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WAIT_FOR_EVER_GC
06-08 03:18 PM
As far as I know he was allowed to board the flight. No issues there but there can be issues when he re-enters US. Since he was on B1 (10 year Multiple) he can stay max 6 months in US so he has I 94 till Apr 09 but if he say come in Oct 09 to US again the system might not have checked him off so it might display that he is still in US and he overstayed his Visa and so CBP will call him in for secondary inspection. As far as I know it can be resolved by showing flight ticket stub and arrival stamp in destination country etc. Its more if hassle than anything.
Nothing will happen. They will not have the I-94 record at port of entry. I and many of my friends did not give our I-94's while going to india. I threw away the old ones and came in with my new one.
Nobody will ask you, u don't have to take the pain of going and informing the Port of entry.
Nothing will happen. They will not have the I-94 record at port of entry. I and many of my friends did not give our I-94's while going to india. I threw away the old ones and came in with my new one.
Nobody will ask you, u don't have to take the pain of going and informing the Port of entry.
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gc_chahiye
10-31 03:22 AM
WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.
H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.
See http://www.murthy.com/chatlogs/chat0106_P.html
Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?
Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.
H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.
See http://www.murthy.com/chatlogs/chat0106_P.html
Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?
Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.
drona
11-15 02:51 PM
We are actively meeting with lawmakers across Southern California in OC, LA and San Diego. New members, please sign in to our local chapter, details are in my signature. Join in on local lawmakers meetings and help in raising awareness of our issues. We have experienced members in our group who can provide guidance and answer all your questions if you have never done anything like this before. We do need active members in various constituencies though, to help us reach out to all the lawmakers in our region. Read about our local lobbying activities on Southern California yahoo groups and perhaps you could contribute something to our efforts.
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indo_obama
05-19 12:12 PM
Try to apply in another consulate . that might help. Otherwise as everybody has mentioned you are sufferring coz of the indian outsourcing giants who have abused every other VISA
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aspiration
06-17 11:26 AM
Don't think that your call doesn't matter.. They do take the number of person called for the same issue and this is the response i got from CHC Dennis Cardoza's office...
Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....
And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...
So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.
Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....
And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...
So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.
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h1techSlave
09-27 10:25 AM
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
"Aligning with illegals will be benefitial to us." That was the philosophy that we have been following all along. The result - you talk to an average American and he thinks we are illegals. You talk to lawmakers (IV's lawmaker meeting attendees can confirm this) and the lawmakers think we are illegals. That is why we may have start thinking of another strategy.
Now, amnesty bills are not the only bills that congress wants to pass. There are many other bills, that the general US population is interested in. Universal health care or defence related bills. Why not we latch on to one of those things?
I perfectly understand that we need support from some one else to pass our provisions. What I am saying is - illegal bus is NOT the only bus out there. Let's look around, there might be other buses to carry us to our destination.
"Aligning with illegals will be benefitial to us." That was the philosophy that we have been following all along. The result - you talk to an average American and he thinks we are illegals. You talk to lawmakers (IV's lawmaker meeting attendees can confirm this) and the lawmakers think we are illegals. That is why we may have start thinking of another strategy.
Now, amnesty bills are not the only bills that congress wants to pass. There are many other bills, that the general US population is interested in. Universal health care or defence related bills. Why not we latch on to one of those things?
I perfectly understand that we need support from some one else to pass our provisions. What I am saying is - illegal bus is NOT the only bus out there. Let's look around, there might be other buses to carry us to our destination.
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desigirl
12-01 09:52 AM
We need to get all these businesses to join together with Immigration voice and support us by lobbying and funding.
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
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53885
05-12 11:38 AM
I didnt contact senators from AILA.
I sent to media organizations from - http://capwiz.com/aila2/dbq/media/ in northern/souther california and Arizona. May send to other states today.
How do you contact so many senators. It asked my my address and sent the email only to my state's senators.
I sent to media organizations from - http://capwiz.com/aila2/dbq/media/ in northern/souther california and Arizona. May send to other states today.
How do you contact so many senators. It asked my my address and sent the email only to my state's senators.
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rajeevkaza
10-30 09:33 PM
Hi,
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
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sai
04-18 10:21 AM
Its accurate:
AILA site also shows the same
http://www.aila.org/content/default.aspx?docid=19127
AILA site also shows the same
http://www.aila.org/content/default.aspx?docid=19127
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capriol
04-15 02:49 PM
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
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trueguy
12-10 11:58 PM
This system is completely broken. USCIS don't realize that people in EB3 from 2001 have gained more experience and they are more valuable to their country, rather than those fresh graduates and PhDs who are applying in EB2 and EB1 category.
We must do something to remove country cap and increase annual quota otherwise there is no hope for India and China.
We must do something to remove country cap and increase annual quota otherwise there is no hope for India and China.
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txh1b
04-20 10:50 AM
Do not ignore it. Go back to the POE (CBP deferred adjudication office) and they could have a date of 1 month on the top portion they keep and forgotten to put a date on the visitor's copy. They will check the system and put a date on the I-94. You may be risking their visa validity if they over stay. Do it ASAP.
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pappu
10-01 11:03 AM
Once your Priority date of a category is current and namechecks are cleared, it is First in first out within the country quota. At that time, earlier priority dates do not matter at all. What matters is how early you applied for your I485 (date the application was physically received by the center, and not the date a notice was sent).
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Pagal
09-27 12:04 PM
Hello,
I think you are fine to do day trading on any visa type.
Just because you conduct multiple transactions per day does not legally imply that you are paying any less attention to your regular job.
If you are called for an AOS interview, a curious IO may ask how did you manage both, but you can always show that you did your job well by providing copies of your performance evaluations and/or letters from your supervisors/HR.
In summary, good luck w day trading! Do donate part of the profits to IV... :)
I think you are fine to do day trading on any visa type.
Just because you conduct multiple transactions per day does not legally imply that you are paying any less attention to your regular job.
If you are called for an AOS interview, a curious IO may ask how did you manage both, but you can always show that you did your job well by providing copies of your performance evaluations and/or letters from your supervisors/HR.
In summary, good luck w day trading! Do donate part of the profits to IV... :)
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hemasar
06-22 09:38 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present
My colleague told me that he took only chest X-ray and not done skin test he got his GC.
My colleague told me that he took only chest X-ray and not done skin test he got his GC.
VivekAhuja
12-12 05:49 PM
Hi!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
larun
02-04 08:57 AM
Congratulations!!
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