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  • deepakjain
    11-16 06:40 PM
    As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.

    Thanks...

    Here you go:

    If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.

    If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.

    Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.





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  • cdeneo
    03-26 10:01 PM
    Why would an entry on AP not apply here?

    also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?

    Have you gone out of the country and came back to USA on H1B visa after that ?
    If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).





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  • HOPE_GC_SOON
    08-05 11:47 AM
    Thanks Dealsnet;

    Do you have any clue on "ADIT Processing'. Do we have to do anything ?
    Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?

    Just curious to know, if you have any info.. :)

    thanks,:)

    The sequence you mentioned is correct.
    I did received 3 same paper welcome notices !!!!
    Next paper notice received contain GC.





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  • GotFreedom?
    07-23 05:28 PM
    It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.

    Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.



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  • ar7165
    07-20 02:57 PM
    Sorry, I mistakenly wrote earlier that my I-485 is approved. It is not. It is at pending status. That's why I was wondering if I'm eligible to apply for Unemployement benefit.





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  • Bhaskar_80
    06-17 04:25 PM
    Mr.gnutin or any other expert,

    Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?


    Thanks



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  • Green.Tech
    08-03 05:13 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.

    What was the reason of denial please?





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  • DesiTech
    06-01 06:25 PM
    hi viewers,

    any help will be appreciate in this matter. MY PD is June/2003 and my i-140 approved few weeks back. When can I file my 485 ? do I need to wait till PD ?

    Also can I transfer to other company maintaining my approved i-140 and PD ?
    What are risks involved here.

    Thanks U all in advance.



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  • prem_goel
    12-03 10:20 PM
    Congrats!!!

    If you can post interview details it will be very helpful? and also details abt ur night stay the hotel etc.

    Hi, see my other thread at

    http://immigrationvoice.org/forum/forum6-non-immigrant-visas/thread783615-tijuana-stamping-on-30th-nov-anyone-new-post.html





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  • kumarc123
    01-15 12:17 PM
    Hello All,

    Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.

    Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.


    I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)


    http://lofgren.house.gov/

    Good Luck to all of us.



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  • dfwhunt
    05-22 11:54 AM
    Yes, if they can file their 485 after June10..there will be certainely some more movement of PDs...





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  • srkamath
    07-16 05:31 PM
    Interesting. My Labor says
    14) Education BS,
    Years of experience 3

    15) Other Special Requirements "MS + 1year" OR "BS + 3 years".

    I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?

    It depends on the Minimum Requirement, in your case it seems like it was BS+3, which is less than MS or BS+5 , therefore it will be EB3.
    If the job description says, min education is Bachelor's, but Master's is preferred, it is still EB3.
    If i recall correctly, the "skilled worker" category is EB3, you can check this on the USCIS website under the Laws & Regulations link.



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  • aarzoo
    02-02 04:48 PM
    I have a labor approved for the requirement:
    "Must have BS in CS, EE or related field w/5 years of related experience"

    EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

    Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.





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  • wleebrown
    November 14th, 2007, 07:26 AM
    Keith,

    My sensors always seem to be dust magnets ... probably because I shoot with mostly primes and switch lenses a lot outdoors and in places that the lens just probably shouldn't be off the camera.

    The site Mats recommends looks like it might have some good instructions, but the best advice I've been given was buy a Rocket blower (it's just a big bulb type blower that's shaped like a rocket for about $20). Most of the time 3 or 4 blasts of air with the rocket blower does the trick. (Never use canned air by the way.) And be careful how far you insert the end of the blower into your camera once the mirror is locked.

    Shortly after buying a new 30D I got a little overzealous and smeared the end of the blower across the sensor. After pulling my heart back out of my feet, because I was certain I'd destroyed my new camera, and reading several sites like the one above, I violated all the rules and used standard cotton swabs my wife had in the bathroom (because it was the weekend and I live in the country where camera stores and medical supply shops are not close by or open) and I was able to easily clean the smear I had created across the sensor. The only problem I've had since was more dust.

    It's kind of scary the first time, but in reality it is not brain surgery. If you use due care and the right kinds of material, you should have no problem removing the dust yourself. At $75 a cleaning, if I took my camera in every time I had a little dust I would have to give quit shooting.

    Blessings,
    Lee



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  • h1techSlave
    10-01 11:02 AM
    I just wanted to point out that a delayed FBI name check is useless any way.

    If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?

    Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.

    I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.





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  • cdeneo
    03-30 03:41 AM
    What is the best way to change representation of one's case from the company lawyer to Self? Also, how long does it take for this change to take effect?

    I am in a similar situation as mentioned on this thread and would like any communication regarding my case from USCIS to come to me and not the lawyer who filed my I-485 since I am leaving my current employer.

    Any insight into how to tackle this would be very helpful. Thanks!

    Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer



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  • sivaji2007
    03-28 09:00 PM
    Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
    I have posted this message in other forums and urged the student community to join IV.
    IV rocks!
    Balan










    Until now, the student community and the OPT community felt that IVs goals were not in sync with them.

    OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.

    So, if you are a student or an OPT candidate, you are definitely benefitted by this move.

    This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.

    So join IV now and join your State chapters. Spread the message among your friends.





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  • TeddyKoochu
    04-01 08:44 AM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congratulations & Best Wishes. Enjoy the moment !





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  • GCNirvana007
    03-30 08:18 AM
    Thank you guys for helping me.
    Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
    Thanks again!

    Make sure its some sort of emergency given today's scenario.





    augustus
    04-22 10:31 AM
    My lawyer got the RFE notice yesterday....

    USCIS requesting the following...
    1. Dated letter from employer detailing job duties and position
    2. Your proffered position if different from current one
    3. Date I began employment and current salary
    4. Letter must be signed by executive officer of the company
    5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

    They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.





    jay75
    05-06 11:23 PM
    Both my wife and myself got soft LUD today on 485. Aug'07 filed, EB3 India, PD 2004.



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