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  • AllIzzWell
    05-03 10:39 AM
    Hi Gurus,

    My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.

    She has to travel back due to some personal reasons.

    Please advise.

    Thanks





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  • indian
    12-14 03:16 PM
    Well, the 109th congress already passed part-I of the whole process: changing the US laws to allow special exception for India.

    Once the President signs this, they have to negotiate the so called "123 agreement" that is a bilateral *binding* agreement between US and India. It will again have to be approved by congress.

    I don't think anyone here knows how long will it take for the "123 agreement" to be concluded and presented to congress for approval. But once it does, expect desi resources on capitol hill to be again busy with it as their top priority. And that would shut us out for the period this stuff is pending in congress.

    So what I am saying is that the window between now and when the "123 agreement" shows up in congress for approval is important and we should not miss it. At the very least we should be aware that this is coming and plan accordingly.

    Indian.





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  • greatzolin
    09-28 05:30 PM
    Q : Will this affect my ability to travel?

    Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.

    Ok so no travel unless you have AP...right?





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  • cbpds
    06-16 08:09 PM
    Infact I got a call from US Consulate and they said the same thing to me, and they offered to cancel the appointment for me.

    I did get the appointment thru some agency and was wondering if they played a trick but the agency vehemently denied doing any such thing,

    I had a Toronto appt as well.

    However not sure if it was an official call or a prank

    I have an appointment in Toronto next month and today I got a voice message from the US embassy in Canada saying that there could be processing delays of days or months and the decision will be taken by the visa office during the interview. Has anyone else got this kind of message?



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  • sparky_jones
    06-02 10:27 AM
    My company has put BS + 7 as the primary minimum requirement, and MS + 5 as the alternative for my position. The lawyer says that he's going to respond "Yes" to the question "Are the requirements normal to the occupation?". His argument is that for the job title (Senior Software Engineer Team Lead), and the job description (which calls for extensive experience), the requirements are normal. He says the normalcy of the requirements have to be gauged both by the quantitative SVP criteria, as well as the qualitative O*Net description of job duties. While the quantitative criteria restricts requirements to BS + 2 or MS + 0, the qualitative criteria allows for "several years" of experience, depending on job duties.

    I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.





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  • rc0878
    09-25 08:45 AM
    Same here so dnt worry be happy!!

    Today i received my EAD card, It says fingerprint not available. I have not yet received FP notice

    Has this happened to anybody else, will i have to update EAD card after FP, how does this work

    Filed on July 16th, My checks were cashed on 10th Sep

    Thanks
    vinod



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  • eadguru
    10-04 11:34 AM
    My self and my wife both are on H1B. Both are working for different companies.

    I filled I 485, EAD and AP through my company, for my self and my wife.

    Questions:
    1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

    2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.

    Your help will be really appreciated. :)

    EadGuru





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  • andhrawala
    01-30 08:53 AM
    Once you are on EAD, you cannot go go back to H1B. The reason is by working on EAD you showed an intent to immigrate and where as H1B is a non-immigrant visa



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  • BMWX5
    12-26 08:28 AM
    Hi
    I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.

    As I will not be on H1B and neither I have Green Card ?

    I talked to lot of people about using AC21, nobody is clear.
    Since you confirmly mentioned that you'll invoke AC21 next week, could you inform us as you proceed further in this process. Please remember you are helping the whole community.
    PS: Sorry I could not answer your question.





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  • soumya_bhatta
    03-23 07:33 AM
    Hi,

    Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.

    Under the circumstances, can I apply for a AC21.

    Thanks,

    Soumya



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  • xiaopay
    07-23 09:51 PM
    Do I read right about this?





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  • lostinbeta
    10-20 09:36 PM
    It is awesome :)



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  • neeidd
    07-09 11:38 AM
    One cannot work on H4.
    i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
    Thanks for your response, Nil





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  • st4rguitar
    08-22 12:11 AM
    No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.

    Hello,
    I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.

    Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.

    Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.

    Thanks.



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  • thementor
    04-14 11:21 AM
    I apologize.This is my first post, I think I posted under wrong topic (Interesting Topic





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  • sdckkbc
    02-04 12:23 AM
    LONGGCQUE,

    I have filled the form today. Can you plz tell me what exactly is the verbiage of the question and which section of the form it is in?



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  • prioritydate
    09-01 09:53 PM
    First of all congratulations to all those who got their approval in the last couple months. Now comes the big dilemma for some of us. Did anyone tried to switch their jobs, or at least, ditch their current employer? Did anyone switched their employer immediately after the green card approval? I am sailing in this boat. I want to switch my employer ASAP, but is hesitating to do so... as you know there are some obvious reasons later. What are other problems that you think other than getting tons of questions during the citizenship? Appreciate your answers. ;)





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  • crazyghoda
    06-16 04:20 PM
    After all the L1 bashing that happenned in one of the other threads, I doubt if any L1 is going to divulge his/her status.





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  • ameryki
    04-08 04:14 PM
    yep EAD is linked to your 485 application and not your employer. especially after 180 days of 485 filing a lot people consider themselves free to jump the boat with very little to no issues.





    tmayer01
    05-09 06:14 AM
    i'm finishing work on friday and i still havn't got a new job. I'm a really shy person and i hate the thought

    Hey, just be confident.. not all people get a chance to go in a place and apply for a job.. besides, if you have all the qualities of an applicant, there is no reason to be shy, rather tell your interviewer on what you can do to be an asset and help the company grows more.:D



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    jsb
    11-02 11:17 AM
    Dear Friends,

    Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
    before my I-485 status "runs out" ?

    My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.

    Thanks.
    If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.



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