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  • redelite
    08-27 10:48 AM
    Here's my go at it...
    Calvin & Hobbes -> http://www.kirupa.com/forum/attachment.php?attachmentid=47743&stc=1&d=1219871683 http://www.kirupa.com/forum/attachment.php?attachmentid=47744&stc=1&d=1219871687



    Btw, that Sonic is awesome! :thumb2:




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  • the_jaguar
    03-25 10:46 PM
    Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:

    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?

    Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
    Yes, I did transfer my H-1B and I was within my initial 6 year period.

    Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

    Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.


    In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...




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  • rampaadh@hotmail.com
    05-19 07:31 AM
    I sent a detailed mail to Chennai Consulate yesterday for scheduling an appointment and got response in 2 hours! They said Transportation Letter is required for this case and i need to carry required documents to prove that my daughter's case was approved. Fee is around $175. Initially I thought I should apply for Returning resident visa, but they said it is not necessary and Transportation letter is fine.

    Transportation Letter - U.S. Consulate General Chennai, India (http://chennai.usconsulate.gov/immigrantstous/lost/stolen-green-card.html)




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  • sundarraj61
    11-04 10:39 PM
    I too missed the chance ( formy wife and son) and waiting for the next chance and not sure when it is going to happen.

    -sundar

    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?



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  • return_to_india
    10-04 11:07 AM
    Just landed from India to the states with permanent residency and i got asked all the stupid questions you can imagine, atleast the immigration officer gave me some good amusement after a long trip

    One of the most intelligent questions is this

    How do you get money to buy a plance ticket if you were in india for few months

    What all other questions, like "Are you still working for the GC sponsored employer" ?




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  • singhsa3
    03-11 02:16 PM
    I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below

    1. Can "A" work for his wife and also get paid in check?
    - I get nothing, why should you?.
    2. Can "A" have a second job in his wife's company and retain his original job?
    - Come on man, her majesty's service has to be your first job.
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    - No comments
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    - Every thing is legal, till you are caught. See Elliot Spitzer..
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    - Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    - No comments
    7. Can "A" work as volunteer in his wife's company?
    - Come on buddy, you volunteered for the service the day you got married.
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
    -No comments



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  • casinoroyale
    09-04 03:23 PM
    Sorry for a kind of lame question. I have H1B visa appt on Sep 22nd in Canada, if I get the visa, I have to pickup the passport nextday 3pm and fly that evening, but If I get 221g I would like to take the passport back in the interview and return back on the same day using AP.

    Given this situation, what is the best way to book the flight? I am not going by road.




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  • desi3933
    05-11 08:30 PM
    desi3933,

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.

    ......

    >> In this case they are eligible for FB2A. So it nullifies that.
    No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.

    If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.

    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • dpsg
    03-25 03:03 AM
    eb3_nepa,
    We should point the advantages of immigration of high-skilled professionals,
    and build a parallel source of information with "real research"... Our site
    should have even the reports which show immigration in negative light as
    long as they are from reputable impartial organizations.

    Again we can win good deal for us by not fighting idealoges as logiclife
    pointed, But By putting forward a constructive ROI for immigration
    without bias.

    << I used ROI term.. as It is most common, Although in most cases US do no investment on immigrant which becomes
    productive as soon as he/she lands..>>

    ********

    had called NumbersUSA once. They will take the Absolute worst case scenario and project it as an everyday happening. The guy had mentioned to me that EB3 ppl promote chain migration and some get upto 80 (Yes 80) family members here. I tried arguing that it is TOTALLY impossible to bring more than five (i mean common u, ur wife and 3 kids = 5). You cant get ur parents etc., until you are a Citizen, but he wud not listen.

    These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.




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  • neelu
    12-13 11:33 PM
    Try the easy way first, which would be to go to the port of entry where you got the incorrect I-94 and request them politely. It is really in their hands if they want to correct it.

    But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.

    Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?



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  • HV000
    11-16 06:43 PM
    That is exactly what the senate has been doing. And the House too.

    Naming post offices, designating and recognizing festivals, naming courthouses and writing checks to run the government.

    1. Immigration Reform: cant do.
    2. Ending the war : cant do.
    3. Reducing healthcare costs, reforming healthcare: cant do.
    4. Upcoming social security deficit : cant do.
    5. Budget deficits reduction : cant do.

    Next week, senate is going to do following things:

    1. Pass a resolution stating that it is the sense of the senate that sky is usually blue in color but on cloudier days, it tends to be green.

    2. Pass a resolution that water is wet and fire is hot.

    3. Pass a resolution that the building of Capitol is White is color, December is the last month of the year and the White House is also white in color.

    4. Take a break, eat peanut-butter and jelly sandwich, play in swings outside the senate building and then take a little afternoon nap. A little fight between Democrats and Republicans on getting equal time on swings and equal time with possession of soccer ball and baseball bat.

    5. Afternoon post-nap, easy-going session, name a few more post offices, praise the troops, criticize the war, praise the troops again, criticize the war again.

    6. Pass a resolution of Holi, Bhai-Dooj, Kadwa-Chowth etc.

    Good one!! Its high time they ALSO recognize our plight and pass a resolution on our "alien" presence here!!




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  • kubmilegaGC
    09-11 06:05 PM
    bump..



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  • pbojja
    10-17 12:34 PM
    Can anyone tell me what it means in terms of documents...???

    Your questions are too demanding dude




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  • abhay
    10-30 09:14 AM
    Thanks Guys, I called Delhi customer support. They said not to over-write but just to go to the counter and explain the mistake to the consulate officer. Apparently even they cannot edit those fields.



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  • nviren
    03-24 05:34 PM
    To me it looks like a good channel to sell anti-immi books written by Roy Beck and Leon Kolankiewicz




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  • bsbawa10
    11-04 09:28 AM
    (Punjabi) Holi gairan nal khadee too batheree , sadee vari rang mukiya

    Translation:
    You played Holi with everybody else, but when my turn came , you ran out of color.



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  • srkgollapudi
    04-23 12:55 AM
    Hello All,
    My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
    Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?

    Thank you
    Ravi




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  • mundada
    11-25 11:50 AM
    As per the lawyers I got advice from

    1> F1 is non-immigrant visa unlike H1B which is dual intent visa.

    2> There is very high likelihood of F1 getting rejected at embassy because I have already shown my intent to immigrate by applying for GC. Hence, they suggested I will have to change status to F1 in the US and not leave the US till I complete education and join another firm on H1B. I decided not to go this path because I go to India almost every year.

    3> For reason stated in <1>, I cannot maintain both F1 and GC application. They suggested that I might slip through if I don't get RFE. However, chances of RFE are high when I would be renewing my EAD at the end of 1 year or dates become current as actually happened in July 07. I am happy I did not go this route.

    4> For reason stated in <1>, I can however maintain both H1B and GC. This means if my company agrees to maintain my H1B and GC, I can take unpaid vacation and go to school full-time. I can then come back at the end of semester and work for the company during winter or summer and return to school full-time. I did not think this was feasible.

    I will be completing my "part-time" MBA in May 08 because of the same reason. I have put part-time in quotes because many of my friends finished in 2 years and I will be finishing in two and half years.

    Finally, the above is my personal opinion and experience and I am not a qualified lawyer. Please consult a qualified lawyer about your particular case.




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  • lostinbeta
    10-21 06:11 PM
    Ummm, A big circle with some poofiness added....lol.

    Voila... a dog bed.




    abhicyber
    10-31 09:43 PM
    I applied I-485/EAD/AP on RD: 07/19/07 ND: 08/16/07.

    No EAD/AP yet?

    LUD on AP: 10/22.




    smiledentist
    06-15 03:14 PM
    Hi Amit.

    I was thinking if I could show one of the partners as succesor of interest, then he can file my 485 as the dental office from which my perm was filed now belongs to him after the partners split.
    Any comments.

    485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.



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