desi485
02-18 02:28 PM
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
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masouds
09-17 02:01 PM
i'm using realplayer
Yeah, I needed that :-) Thanks!
Yeah, I needed that :-) Thanks!
vadicherla
05-08 11:50 PM
I had soft Lud on my application last week and i received Finger Prints for my wife but not for me.
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sameet
04-09 11:53 PM
Sameet,
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
No I wouldn't. Get it from the your child's pediatrician since they know the case history and will be able to word it correctly. Remember that the letter from the pediatrician is the basis which the certified civil curgeon for USCIS will use to apply for a waiver if he/she thinks it is necessary.
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
No I wouldn't. Get it from the your child's pediatrician since they know the case history and will be able to word it correctly. Remember that the letter from the pediatrician is the basis which the certified civil curgeon for USCIS will use to apply for a waiver if he/she thinks it is necessary.
more...
virald
01-31 08:10 PM
this particular question has not been selected. If you go to politico.com and select the live, it bring up a pop-up which has questions to choose from, this question has not shown up there.
BTW i voted five times (different machines)
BTW i voted five times (different machines)
wait4ever
10-30 07:38 AM
What is this reverse brain drain ? there is no such thing - folks who are here are going to hang on tooth & nail to stay here come hell or high water - the only ones who are going back are the ones who have no other option.
more...
sr123
07-31 07:16 PM
After speaking to a few people who did an MBA and a couple of MBA consultants I think that most important parts of an MBA are the in-class experiance of working with other folks in the class and the opportunity to build a network. I seriously doubt if online MBAs can provide them.
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Mr. Brown
05-14 02:18 PM
Well ... I could partially agree to your rant. While I understand your point of view it is not justified on your part to generalize all posters into one category. You should have been more specific about what kind of posts (and even posters if you wish) frustrate you.
In my view your words "Get a life" certainly applies to the following set of people (in that particular order):
Those who say they are awaiting their GC to plan their lives (get married, have kids, buy a house etc.) I am married with a kid and bought a house and all I have is a I-140 approval (Not applied for I-485 yet). So what happens if I loose my job? I will make an honest effort to find one and if I fail I'll sell my house and go back to India. I am prepared both mentally and somewhat financially too. As much as I want to live in the USA it is common sense that I always have a solid back up plan to go back if need be.
Those who come here whining about their I-485 getting rejected and don't have a back up plan. Seriously, how many times must you get jacked before you realize that USCIS is not dependable? How the heck can one plan their life around it? One must realize that GC is just a small part of your life and not your life itself. Get your priorities straight.
Those who say that laws are racist. Hilarious! BTW racism is not one way (like the Whites out here want you to think) so beware of what you say unless you don't mind getting sued.
Those who build up their hopes with predictions on the next visa bulletin and go emotionally crazy when the hopes crash with the release of that bulletin. I mean c'mon ... flower campaigns? hunger strikes? Are you that naive to think it worked the first time? This ain't a factory in India and we aren't a group of union workers.
The above form a very small group of people on this website and that is where the problem lies with your post. You are basically stereotyping all of us into a category formed by a small group of people.
Anyway, good to know of your Canadian PR success ... good luck!
To those who fall in the above 4 categories take the time to realize that its all in your head. Be strong and prepared mentally. You've done all you can in an honest way. If things don't work out then so be it. Sometime in the future you will realize that it was all for your own good. Move on in style to your next adventure ... it's waiting for you.
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
In my view your words "Get a life" certainly applies to the following set of people (in that particular order):
Those who say they are awaiting their GC to plan their lives (get married, have kids, buy a house etc.) I am married with a kid and bought a house and all I have is a I-140 approval (Not applied for I-485 yet). So what happens if I loose my job? I will make an honest effort to find one and if I fail I'll sell my house and go back to India. I am prepared both mentally and somewhat financially too. As much as I want to live in the USA it is common sense that I always have a solid back up plan to go back if need be.
Those who come here whining about their I-485 getting rejected and don't have a back up plan. Seriously, how many times must you get jacked before you realize that USCIS is not dependable? How the heck can one plan their life around it? One must realize that GC is just a small part of your life and not your life itself. Get your priorities straight.
Those who say that laws are racist. Hilarious! BTW racism is not one way (like the Whites out here want you to think) so beware of what you say unless you don't mind getting sued.
Those who build up their hopes with predictions on the next visa bulletin and go emotionally crazy when the hopes crash with the release of that bulletin. I mean c'mon ... flower campaigns? hunger strikes? Are you that naive to think it worked the first time? This ain't a factory in India and we aren't a group of union workers.
The above form a very small group of people on this website and that is where the problem lies with your post. You are basically stereotyping all of us into a category formed by a small group of people.
Anyway, good to know of your Canadian PR success ... good luck!
To those who fall in the above 4 categories take the time to realize that its all in your head. Be strong and prepared mentally. You've done all you can in an honest way. If things don't work out then so be it. Sometime in the future you will realize that it was all for your own good. Move on in style to your next adventure ... it's waiting for you.
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
more...
gcformeornot
07-02 08:45 AM
reasons...
I have seen many of my friends doing H1 for their spouses..... while their spouces have no experience what so ever..... employers help them cook their resumes..... in these cases employee has something to hide.... so they pay
H1 fees, stay on bench for few months......and never complain...
Now a days many companies send people on L1 visa. On L1 you have no choice. If you can't get H1 in April you are slave to the employer.... also with L1 there is no stipulated salary like H1.... so employers pay whatever they feel like and not market rate.....but since many employees have desire to stick around in US and save some Green... pay of their debts in home country.... they stay with same employer without complaining......
I have seen many of my friends doing H1 for their spouses..... while their spouces have no experience what so ever..... employers help them cook their resumes..... in these cases employee has something to hide.... so they pay
H1 fees, stay on bench for few months......and never complain...
Now a days many companies send people on L1 visa. On L1 you have no choice. If you can't get H1 in April you are slave to the employer.... also with L1 there is no stipulated salary like H1.... so employers pay whatever they feel like and not market rate.....but since many employees have desire to stick around in US and save some Green... pay of their debts in home country.... they stay with same employer without complaining......
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induabhay
01-13 08:49 PM
Folks
Is there any person on IB who can express concern vividly and also suggest solutions eloquently? Also is there anybody else with media contacts who can get this person some prime time explosure? What do you guys think about the idea? IB has been doing a good job of pushing our case with the legislature. Should we now look at puhsing the case with media?
Is there any person on IB who can express concern vividly and also suggest solutions eloquently? Also is there anybody else with media contacts who can get this person some prime time explosure? What do you guys think about the idea? IB has been doing a good job of pushing our case with the legislature. Should we now look at puhsing the case with media?
more...
creativeskills
06-12 07:57 AM
here is my first post to the battles ever... !! hope i do this good ... :sigh:
It�s " The Grunge Pod" ....
http://goodfellashop.com/img_d/ipod_v2.jpg
I hope u guys will come with comments...
Creativeskills.dk
It�s " The Grunge Pod" ....
http://goodfellashop.com/img_d/ipod_v2.jpg
I hope u guys will come with comments...
Creativeskills.dk
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jim
06-21 05:03 PM
Can I add my spouse before or After marriage?I am planning to get married in 4 to 5 months.My attorney told me that he will be ready to file I-485 in July and my current H1-B is valid till Dec 2007,so if I go back to country for marriage and coming back on AP,so I think so I will be ok,but should my wife able to get H-4 visa stamp on her passport and once she came back in USA on H-4 should I will be able to add her right away in I-485 when PD dates will be current or should I have to wait 60 days then apply her for I-485.
more...
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Macaca
11-12 01:11 PM
Grassley Is Off the Mark (http://online.wsj.com/public/article/SB119465330149488684.html) Wall Street Journal, Nov 10, 2007
Sen. Charles Grassley (R., Iowa) apparently didn't read your "The Grassley Visa Tax "editorial of Nov. 2 ("Investing in America, Making Things Worse," letters to the editor, Nov. 8). His first two paragraphs made statements that were blatantly false. Spoken like a true politician.
No successful business hires an H-1B visa holder just to fire an American worker. Because of the shortage of trained and competent workers, high tech workers are paid the prevailing wage rates. Sen. Grassley is overlooking the term of the H-1B visas. No business wants to train a worker who will leave in a short time. Successful businesses are built on the expertise of long term experienced workers. H-1B workers are attractive because there are not skilled Americans available.
Sen. Grassley should consider the interests of the country as a whole instead of pandering to special interests and he should consider legislation to improve the performance of Americans instead of making false accusations to polish his image.
Claude Rumsey
Las Vegas
Sen. Charles Grassley (R., Iowa) apparently didn't read your "The Grassley Visa Tax "editorial of Nov. 2 ("Investing in America, Making Things Worse," letters to the editor, Nov. 8). His first two paragraphs made statements that were blatantly false. Spoken like a true politician.
No successful business hires an H-1B visa holder just to fire an American worker. Because of the shortage of trained and competent workers, high tech workers are paid the prevailing wage rates. Sen. Grassley is overlooking the term of the H-1B visas. No business wants to train a worker who will leave in a short time. Successful businesses are built on the expertise of long term experienced workers. H-1B workers are attractive because there are not skilled Americans available.
Sen. Grassley should consider the interests of the country as a whole instead of pandering to special interests and he should consider legislation to improve the performance of Americans instead of making false accusations to polish his image.
Claude Rumsey
Las Vegas
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vinayak2008
12-22 10:47 AM
Did you get back your passport? if yes.how many days it took and what is the procedure?
I have similar situation.Now it is almost a week that VFS has not received my passport from chennai consulate.
I have similar situation.Now it is almost a week that VFS has not received my passport from chennai consulate.
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sidbee
06-13 08:31 AM
I am 2007 PD EB3. I know i am screwed :-) , but our discussing out unfortunate luck here , wont change it.
I am not even dreaming about my GC. I am just enjoying my life today, as i have no control over tomorrow. The irony , i was qulaified for EB2, but my lawyer didnt want to do an extra work(BS + 7 Years) , so he put me in EB3.
Let EB2 get there GC's first , and may be the illegals also get it before EB3, I really dont know the point of discussion of this thread.
Thank God somebody didnt write , thats its really unfortunate that we were born in India.
I am not even dreaming about my GC. I am just enjoying my life today, as i have no control over tomorrow. The irony , i was qulaified for EB2, but my lawyer didnt want to do an extra work(BS + 7 Years) , so he put me in EB3.
Let EB2 get there GC's first , and may be the illegals also get it before EB3, I really dont know the point of discussion of this thread.
Thank God somebody didnt write , thats its really unfortunate that we were born in India.
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fromnaija
10-16 11:07 AM
Today 10/16/2007 there is another update. Why is USCIS looking at my old H1B approved in August 2003 for an employer I left in 2004? I am perplexed!
Again today there is an LUD (10/15/2007) on the below quoted H1B petition. What is going? The status remains approval notice sent, however.
Again today there is an LUD (10/15/2007) on the below quoted H1B petition. What is going? The status remains approval notice sent, however.
more...
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optimist578
02-12 01:59 PM
Just because a large number of IV members are EB2 Indians (based on the comments posted) doesn't mean that we should ignore the interest of EB3 ROW or EB3 Indian/Chinese.
Any talk about moving visa numbers from EB3-ROW to benefit EB2-India only divides us therefore should be despised. Let's focus on the real issue (supply & demand of EB visa in general) and serves the interest of all people suffering from this.
I am considering changing my queue from EB3 India to EB2 India, PD 2003. Given the heavy traffic in both queues, does this idea sound worth taking the risk? For me, it involves changing employers and refiling Labor with I-140 and port PD. I have an approved I-140. Thanks for any honest inputs.
Any talk about moving visa numbers from EB3-ROW to benefit EB2-India only divides us therefore should be despised. Let's focus on the real issue (supply & demand of EB visa in general) and serves the interest of all people suffering from this.
I am considering changing my queue from EB3 India to EB2 India, PD 2003. Given the heavy traffic in both queues, does this idea sound worth taking the risk? For me, it involves changing employers and refiling Labor with I-140 and port PD. I have an approved I-140. Thanks for any honest inputs.
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jayram123
07-18 11:23 AM
Let's pick up where we left off before this July 2 visa bulletin debacle (and the resulting struggle). Though the whole fiasco did get us our first taste of success, imho, and as such isn't insignificant by any measure.
Jazz
Let us do that. Please!! We can't stop now. We need to fight to fix the broken system. Let's get ideas on what all we would like and suggest to core. I am sure they know already but it helps to know what everyone else is thinking, right?
1) I would like to get opinion from CORE if we need to support the SKIL bill that is being re-introduced by Senator John Cornyn
2) Need to have a way to re-capture visa numbers
What are the other things that we would like
Jazz
Let us do that. Please!! We can't stop now. We need to fight to fix the broken system. Let's get ideas on what all we would like and suggest to core. I am sure they know already but it helps to know what everyone else is thinking, right?
1) I would like to get opinion from CORE if we need to support the SKIL bill that is being re-introduced by Senator John Cornyn
2) Need to have a way to re-capture visa numbers
What are the other things that we would like
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vishwak
08-20 09:59 AM
Hi All,
I heard that after gettign GC and before Applying for Citizenship we should stay in US continously for 3.5 years how far is that true.
What is the exact rule? Can someone please guide me thru proper thread.
I heard that after gettign GC and before Applying for Citizenship we should stay in US continously for 3.5 years how far is that true.
What is the exact rule? Can someone please guide me thru proper thread.
DSLStart
09-17 01:11 PM
Why don't IV lobbysts take them to nicest Indian cuisine in DC? ;)
Instead of having chinese,, they can have the indian food, with kabobs, tandorri chicken and naan.. that might wet their appetite for HR5882.. cheers
Instead of having chinese,, they can have the indian food, with kabobs, tandorri chicken and naan.. that might wet their appetite for HR5882.. cheers
hope2007
07-18 02:19 PM
Can anyone pls post the tel num to call USCIS.
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