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  • gchopes
    11-23 11:43 AM
    Can I apply for H1B stamp on the same H1B approved petition (not yet extended since I still have a year remaining on it) that I had when I returned on AP last year instead of H1B stamp? The reason to apply for H1B stamp this time is because of AP delay. I am hoping this memo says yes. Any thoughts?

    Since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process.





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  • kannan
    02-27 12:48 PM
    I opened 2 SR 's on my name and 2 on my wife's name, no use at all.I am a july 2nd filer transfered from NSC to CSC, still in CSC only,not transfered back to NSC.





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  • Blog Feeds
    09-07 07:00 PM
    Indian Government sources had said that the Bureau of Diplomatic Security had contacted the ministry of external affairs (MEA), India around the time Mr Pacheco was incarcerated for his alleged involvement in the mysterious death of his girlfriend Nadia Torrado � he was in jail from July 9 till July 26, when he was awarded bail. He is a former Goa, India tourism minister Francisco Xavier �Mickky� Pacheco was caught on the backfoot on Sunday once again as reports surfaced that the US State Department�s Bureau of Diplomatic Security had informed India that Mr Pacheco might be involved in a big immigration and money laundering racket.

    Mr Pacheco used to operate an employment agency along with his estranged wife Sara Pacheco which specialized in finding employment for Goans abroad. But according to the former minister, he has had nothing to do with the agency since he separated from his wife around four years back.

    Mr. Mickey Pacheco has been accused by the US Bureau of Diplomatic Security of running an international immigration and money-laundering racket. The bureau got in touch with the external affairs ministry through the US embassy in Delhi and reportedly backed its allegations with documents and details of banking transactions. The ministry then passed on the information to the CBI. The evidence is being described as substantive. According to the US Bureau of Diplomatic Security report, Pacheco had 15 million dollars in his account in the US. He recently transferred 2 million dollars to India.






    More... (http://www.visalawyerblog.com/2010/09/us_names_pacheco_in_immigratio.html)





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  • senk1s
    06-22 12:39 AM
    Some think its wasted money, some think its a worthwhile backup

    1. No - nothing about canadian PR is required, only country of citizenship

    2. Nothing happens

    3. I dont know what LOE is - already having a canadian PR doesnt affect 485 (we've done the same) - you cannot maintain PR of 2 countries at the same time



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  • SpotanAnti
    10-08 05:33 PM
    byragani is an anti trying to publicize the same thing that Anti's are trying to do and recent BW did.

    Stop posting to this thread.





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  • desibechara
    10-16 10:52 PM
    Finally after numerous logins at USCIS, I saw today..Request for additional Evidence sent
    on my I140..I only happen to see when some other guy with Eb3 Pd2005 and Rd of August 15 got his I 140approval...
    so I logged in to see ..I too have LUD

    I wonder what it may be because I had sent all my W2s since my PD of 2001..

    My friend from my company had also received RFE for TAX papers last year. She sent it and was approved..

    Hopefully I am too..because I never changed jobs working for the last 8 years....and had prior necessary experience before joining my current job...plus 1 year in current job

    PD Oct 29, 2001, RD aug 8, 2007



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  • Rajwaitingon140
    09-17 06:41 PM
    hi all !!
    my husband concurently file I-140 and I-485 (along with EAD and AP) on 22nd June 2007. We got our I-140 approved on 30th August. I have two questions

    1. When can i expect my EAD ?
    2. Is there any rule that i shud start working within some stipulated time after getting my EAD or i can take my own time ?

    I wonder I am waiting for my I-140 approval since DEC'2006 and your got approved within few weeks...my goodness

    Can you please make sure your I-140 applied on July'22nd'2007?

    Thank you
    Rajwaitingon140





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  • vxg
    11-07 11:49 PM
    Gurus,
    I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?

    Is it possible, please advice.

    Thanks

    My attorney said same i.e. no issues known so it will be OK however as a lawyer he says small Possibility of screwup.



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  • Blog Feeds
    11-08 03:30 PM
    Delaware Immigration Lawyer Blog Has Just Posted the Following:


    Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify such requirement.

    J-1 waiver applicants first submit their application (DS-3035) to DOS (Department of State) processing center. Subsequently, the applicants and the sponsoring employer must submit all information to IGA (Interested Government Agency) which will review the application and then forward the recommendation to DOS Waiver Review Division (WRD). After WRD issued its own recommendation, the case will be forwarded to USCIS for final decision.

    J-1 waiver once granted, the physician will work in H-1b status. Therefore, J-1 waiver applicants must also qualify for H-1b requirements. As soon as WRD issued its recommendation, H-1b application can be submitted so that it can be adjudicated with the J-1 waiver application.

    IGA can be a state department of health or any other federal agency, including Department of Veterans Affairs, the Appalachian Regional Commission, Delta Regional Authority and US Department of Health and Human Services.

    Please also see State of Delaware website for more information: http://dhss.delaware.gov/dhss/dph/hsm/j1visahome.htmlhttps://blogger.googleusercontent.com/tracker/1142140030762969806-7761603453596008712?l=deimmigration.blogspot.com


    More... (http://deimmigration.blogspot.com/2009/11/j-1-waivers-for-foreign-physician.html)





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  • skp71
    05-10 11:49 PM
    My friend and his wife 485, EAD and AP applications are pending. Do they need to send 1 AR-11 for each pending forms (totally 6 AR-11s)? There is no place to put all pending LIN number in the AR-11. We can put only A#. How does it work? Please reply.



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  • ipkus
    01-09 03:54 PM
    Can u pls let me know how to download the attachments? I was unable to find a way to do this ? Thanks.





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  • optimizer
    02-23 12:04 PM
    Gurus,

    I am considering switching my employer.

    Currently I have I-140 and labor for GC approved in 2006.
    Filed I-485 in July 2007.

    My current H-1B expires on December 2009. (9 years on H-1B.... ya that long)

    Based on my AC-21 portability after 180 days of I-140 approval, if I move to a new employer and file H-1B transfer, will I get default approval of only upto December 2009, or can I get 3-year extension based on my I-140 approval?

    Appreciate your answers in advance.

    Thanks,
    Optimizer



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  • BumbleBee
    07-20 04:49 PM
    You need to be in valid H1B status to get H1B extension. If you have abandoned it or it has expired, then you are subject to H1B quota. But I don't have any document/memo to support it. Wait for more senior people's response.

    BumbleBee
    **----**





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  • nimb
    06-19 01:55 PM
    We did not send any original passports to NewYork consulate. Only notarized photocopies.



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  • wandmaker
    11-10 08:42 AM
    I am currently working for big consulting firm, they hold my H1 and 485 is pending for more than 6 months. i have valid EAD from pending 485.

    I am getting full time opportunity, my new employer is ready to transfer H1 as well as they are willing to accept me using EAD. so its entirely my preference.

    can you please tell me adv/dis adv of using H1 over EAD or vice versa. (my 6 yrs of H1 will finish in another 6-7 months)

    Thanks

    If they are willing to process H1B, go w/ H1B. You will get 3 year extension since 140 is approved. Also, at the same time file for AC21. You are all set.





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  • bostonqa
    06-14 09:05 AM
    ---I'm only talking in regards to FY-2007 in light of current development.---

    Now that everything is current there would not be any need to per country quota. CORRECT?
    Or since EB3 other is not current ("U") they cannot use AC21?

    they have hinted retrogression in Sept for China, India, etc

    Now if there is no per country quota, how can they retrogress EB for China, India, or any other country unless EB3 ROW is not current?

    So unless they retrogress ROW, logically they should not retrogress at least EB2 for India, China and other countries



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  • vikramy
    02-15 10:22 AM
    Will see how it works out for me





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  • sunny1000
    12-20 11:46 PM
    Yes, you can use it for multiple entries (The I-512L should say "this is valid for multiple entries" or something to that effect). But, please be prepared to answer the questions (if any) on what is the necessity to travel on an AP 3 times within the year. If it is on business, that is perfectly within the stated rule. But, if it is vacation, you may be questioned (that is dependent on the individual officer).

    http://www.uscis.gov/files/form/i-131instr.pdf

    Please read the above instructions about how it has been mentioned that the AP be used sparingly and not in lieu of a visa.





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  • TomPlate
    01-03 03:36 PM
    Did you called them????





    jcrajput
    10-17 08:14 AM
    My I-485 application was rejected because of attached I-130. The rejection reasons was not clear enough and I re-submitted package without removing I-130. Today, I sent USICS a letter requesting to withdraw I-130 application. Don't really know what would happen now...





    The7zen
    01-01 03:17 AM
    How are you planning to celebrate?
    Nothing big...those days are all gone :(

    What is your new year resolution?
    Single Digit Body Fat %...I am @15now....came down from 22.